Agenda packet — Angels Camp City Council, May 3, 2022

CITY HALL
CITY OF ANGELS PO Box 667, 200 Monte Verda St. Suite B, Angels Camp, CA 95222 P: (209) 736-2181

CITY OF ANGELS

CITY COUNCIL REVISED AGENDA
May 3, 2022
THIS MEETING WILL BE HELD AT ANGELS FIRE HOUSE, 1404 VALLECITO ROAD AND WILL BE OPEN TO PUBLIC. MASKS ARE RECOMMENDED FOR ATTENDEES.

In person public attendance will be available with limited seating. Seats are available on a first come, first served basis. Members of the public shall have the right to observe and offer public comment at the appropriate time. To view or participate in the meeting online, please use the following link:

Google Meet joining info
Video call link: https://meet.google.com/bfn-ezik-fue
Or dial: (US) + 1 630-634-5291 PIN: 858 431 338#
CITY COUNCIL appreciates your interest and encourages your participation. Regularly scheduled meeting are held the 1st and 3rd Tuesday of each month. The Agenda is divided into two sections:

CONSENT AGENDA: These matters include routine financial and administration actions and are usually approved by a single majority vote.

REGULAR AGENDA: These items include significant financial and administration actions of special interest, hearings and work sessions.

The numerical order of the items on this agenda is for convenience of reference. Items may be taken out of order upon request of the Mayor or Council Members. All questions shall be directed to the Mayor who, at his/her discretion, will refer to Staff.

Mayor Alvin Broglio Vice Mayor Jennifer Davis-Herndon
Council Members Gretel Tiscornia, Isabel Moncada, Caroline Schirato City Administrator Rebecca Callen City Attorney Doug White 5:00 p.m. CLOSED SESSION

1. ROLL CALL

2. PUBLIC COMMENT
The public may address the Council on any item of public interest not otherwise on the agenda that is within the jurisdiction of the City. No action may be taken. Matters to be addressed may be referred to City Staff or placed on a subsequent meeting Agenda. Speakers are limited to five minutes per person.

3. ADJOURN TO CLOSED SESSION
A. Conference with Labor Negotiators (Gov’t Code Section 54957.6) Agency Designated Representative: Rebecca Callen, City Administrator Employee Organization: City of Angels Employee’s Association (Exempt) B. Property Negotiations APN: 058-015-011
Agent: Mariposa Amador Calaveras Tuolumne (MACT) Health Board, Amy Augustine, City Planner

CITY HALL
CITY OF ANGELS PO Box 667, 200 Monte Verda St. Suite B, Angels Camp, CA 95222 P: (209) 736-2181 6:00 p.m. REGULAR MEETING

1. ROLL CALL

2. PLEDGE OF ALLEGIANCE

3. REPORT OUT OF CLOSED SESSION
A. Conference with Labor Negotiators (Gov’t Code Section 54957.6) Agency Designated Representative: Rebecca Callen, City Administrator Employee Organization: City of Angels Employee’s Association (Exempt) B. Property Negotiations APN: 058-015-011
Agent: Mariposa Amador Calaveras Tuolumne (MACT) Health Board, Amy Augustine, City Planner

4. APPROVAL OF THE AGENDA AS POSTED (OR AMENDED)

5. PUBLIC COMMENT
The public may address the Council on any item of public interest not otherwise on the agenda that is within the jurisdiction of the City. No action may be taken. Matters to be addressed may be referred to City Staff or placed on a subsequent meeting Agenda. Speakers are limited to five minutes per person.

6. CONSENT AGENDA
A. Draft Minutes April 19, 2022, Rose Beristianos, City Clerk B. Approval of Two-Year Extension with Adams Ashby for CDBG Consultant Services, Rebecca Callen, City Administrator
C. Adopt Resolution No. 22-15, Approving Feeney Park Foundation Mr. Frog’s Wild Ride Through a Portion of Angels Camp, Amy Augustine, City Planner
D. Adopt Resolution No. 22-16, Authorizing the City to Continue a Hybrid Virtual Meeting Environment, Mayor and City Council, Rose Beristianos, City Clerk

7. REGULAR AGENDA
A. Discussion and Approval of Working with PARS to Establish an IRS 115 Trust and Approve an Initial $275,769 Contribution of Funding, Rebecca Callen, City Administrator B. PUBLIC HEARING: Item 1, Appeal of April 14, 2022 Planning Commission Denial of a Variance for Reduced Setbacks for a Carport at 195 Rocky Ridge Item 2, Request to Waive the $626.67 Appeal Fee, Amy Augustine, City Planner
I. Receive Staff Report
II. Open Public Hearing
III. Receive Public Comment
IV. Close Public Hearing
C. Approve a Contract with Michelle Gonzalez for Finance Director, Rebecca Callen, City Administrator D. Discussion of Financial Review March 2022 and Approval of Budget Amendments, Rebecca Callen, City Administrator
E. Discussion and Approval of a Standard City Logo, Rebecca Callen, City Administrator F. Discussion Regarding the Homeless Issues in the City Limits, Rebecca Callen, City Administrator

8. ADMINISTRATION REPORT

9. COUNCIL REPORT

CITY HALL
CITY OF ANGELS PO Box 667, 200 Monte Verda St. Suite B, Angels Camp, CA 95222 P: (209) 736-2181

10. CORRESPONDENCE
A. Informational Staff Report Related to Alleged Brown Act Violation at the April 5, 2022, City Council Meeting
B. News and Notes for the Week of April 11,2022
C. News and Notes for the Week of April 18, 2022

11. CALENDAR

12. ADJOURNMENT
In compliance with the Americans with Disabilities Act, if you need special assistance to participate in this meeting, please contact the City Clerk at City Hall 209-736-2181, [email protected]. Notification 48 hours prior to the meeting will enable the City to make reasonable arrangements to ensure accessibility to the meeting (28 CFR 35.102-35.104 ADA Title II) Materials related to an item on this Agenda submitted to the City Council after distribution of the Agenda packet are available for public inspection at City Hall at 200 Monte Verda Street Ste. B, Angels Camp, CA 95222 during normal business hours.

The Agenda is also available on line at www.angelscamp.gov.

City of Angels Council Meeting
May 3, 2022 CONSENT AGENDA 6.A
Draft Minutes April 19, 2022, Rose Beristianos, City Clerk _____________________________________________________________________

CITY HALL
CITY OF ANGELS PO Box 667, 200 Monte Verda St. Suite B, Angels Camp, CA 95222 P: (209) 736-2181

DRAFT MINUTES, CITY OF ANGELS
CITY COUNCIL April 19, 2022
THIS MEETING WILL BE HELD AT ANGELS FIRE HOUSE, 1404 VALLECITO ROAD AND WILL BE OPEN TO PUBLIC. MASKS ARE RECOMMENDED FOR ATTENDEES.

CITY COUNCIL appreciates your interest and encourages your participation. Regularly scheduled meeting are held the 1 st and 3rd Tuesday of each month. The Agenda is divided into two sections:

CONSENT AGENDA: These matters include routine financial and administration actions and are usually approved by a single majority vote.

REGULAR AGENDA: These items include significant financial and administration actions of special interest, hearings and work sessions.

Mayor (ABSENT) Alvin Broglio Vice Mayor (PRESENT) Jennifer Davis-Herndon Council Members (PRESENT) Gretel Tiscornia, Isabel Moncada, Caroline Schirato City Administrator Rebecca Callen (PRESENT) City Attorney Doug White (ABSENT) 5:00 p.m. CLOSED SESSION

1. ROLL CALL

2. PUBLIC COMMENT - NONE

3. ADJOURN TO CLOSED SESSION
A. Conference with Legal Counsel – Potential Litigation Pursuant to Government Code Section 54956.9 (e)(4)
6:00 p.m. REGULAR MEETING

1. ROLL CALL

2. PLEDGE OF ALLEGIANCE

3. REPORT OUT OF CLOSED SESSION
A. Conference with Legal Counsel – Potential Litigation Pursuant to Government Code Section 54956.9 (e)(4)

NO DIRECTION GIVEN

4. APPROVAL OF THE AGENDA AS POSTED (OR AMENDED)
Action: Motion to approve the agenda by Council Member Moncada, Seconded by Council Member Schirato, and passed 4 Yes 1 Absent

CITY HALL
CITY OF ANGELS PO Box 667, 200 Monte Verda St. Suite B, Angels Camp, CA 95222 P: (209) 736-2181

5. PUBLIC COMMENT
Kimberly Fish – Stood up and spoke about being verbally attacked at frog jump plaza, she called 911 and the officer did not take a report.

Mike Fish – Same discussion as Kimberly, mentioned that people should be taken seriously

6. CONSENT AGENDA
A. Draft Minutes March 15, 2022, Rose Beristianos, City Clerk B. Draft Minutes April 5th, 2022, Rose Beristianos, City Clerk C. Approval of Fire Department Self Contained Breathing Apparatus Purchase and Budget Transfer Request, John Rohrabaugh, Fire Chief
D. Approval of Capital Vehicle Order Authorization, Rebecca Callen, City Administrator E. Authorize Payment and Budget Adjustment, to Cole Tiscornia Construction for the Emergency Repair on the Sinkhole at Mark Twain Road and Fairview Drive, Chris O’Flinn, Public Works Superintendent F. Discussion and Approval of Defensible Space Clearing Project Expenditures, Rebecca Callen, City Administrator
G. City of Angels, March 2022 Accounts Payable Checks Issued Item E pulled
Action: Motion to approve consent items A, B, C,D, F, and G by Council Member Schirato, seconded by Council Member Moncada, and passed 4 yes 1 absent
Action: Motion to appove consent item E, by Council Member Moncada, seconded by Council Member Schirato, and passed 3 Yes, 1 Abstain, 1 Absent

7. REGULAR AGENDA
A. PUBLIC HEARING: Ordinance 524, Hold a Public Hearing, Second Reading to Consider Amending Angels Municipal Code (AMC) Chapter 17.06.190 Paragraphs F and K to Update the City’s Affordable Housing Incentives to Incorporate Off-Site Improvements and Clarify when Incentives are Appropriate. Amy Augustine, City Planner
I.Receive Staff Report - Given
II.Open Public Hearing - Opened
III.Receive Public Comment - None
IV.Close Public Hearing – Closed
Motion to approve Ordinance 524 by Council Member Schirato, seconded by Vice Mayor Herndon, and passed, 4 Yes 1 Absent
B. Public Hearing: Ordinance 525, Hold a Public Hearing, Second Reading to Consider Amending the City of Angels Municipal Code (AMC) to Update the City’s Mobile Home and Manufactured Housing Provisions Including Chapter 17.09 (Definitions), Amending Section 17.06.110 (Manufactured Homes as Single-Family Dwellings), Deleting Chapter 17.54 (Mobile Home Combining District), Replacing it with a New Chapter 17.54 (Mobile Home Parks and Manufactured Home Parks), Deleting Chapter 15.08 (Mobile Homes, Mobile Home and Manufactured Home Parks) and Combining it with New Chapter 17.54.

I. Receive Staff Report - Given
II.Open Public Hearing – Opened
III.Receive Public Comment - None
IV.Close Public Hearing – Closed
Motion to approve Ordinance 525 by Council Member Tiscornia, seconded by Council Member Moncada, and passed, 4 Yes 1 Asent

CITY HALL
CITY OF ANGELS PO Box 667, 200 Monte Verda St. Suite B, Angels Camp, CA 95222 P: (209) 736-2181 C. PUBLIC HEARING: Ordinance 526, Hold a Public Hearing, Second Reading to Consider Amending Angels Municipal Code (AMC) to Update the City’s Condominium Conversion Provisions.

I.Receive Staff Report - Given
II.Open Public Hearing - Open
III.Receive Public Comment - None
IV.Close Public Hearing – Closed
Motion to approve Ordinance 526 by Council Member Moncada, seconded by Council Member Tiscornia, and passed, 4 Yes 1 Absent
D. Discussion, Direction, and Action Microsoft 365 Migration, Rebecca Callen, City Administrator Staff / Council Discussion
Public Comment: Greg Douglas, terabyte Explanation
Action: Motion to approve by Council Member Schirato, second by Council Member Moncada, and passed 4 Yes 1 Absent
E. Discussion and Approval of a Standard City Logo, Rebecca Callen, City Administrator Staff / Council Discussion
Public Comment: Debbie Ponte spoke about the previous banding and a previous logo also provided suggestions to a new logo, Laurie G spoke about the street signs have a different frog.

Discussion to combine and bring back to Council
F. Discussion on Federally Funded Programs to Assist with Arrearages, Rebecca Callen, City Administrator Staff / Council Discussion
Public Comments - None
G. Discussion and Approval of a Transfer of Funds from UPA Reserve Account Held with Mechanics Bank, and Adopt Resolution No. 22-13 Rescinding Resolution 96-45, Rebecca Callen, City Administrator Staff / Council Discussion
Public Comments – None
Action: Motion to adopt Resolution No. 22-13 and approval of the transfer by Vice Mayor Herndon, second by Council Member Moncada, and passed 4 Yes 1 Absent H. Discussion of Engineering Services Contract and Approval of Budget Amendments, Rebecca Callen, City Administrator
Staff / Council Discussion
Public Comments – None
Action: Motion to approve Budget Amendments by Council Member Schirato, second by Council Member Moncada, and passed 4 Yes 1 Absent
I. Discussion and Direction Regarding Fireworks in the City of Angels, Rebecca Callen, City Administrator Staff / Council Discussion
Public Comments – Veronica Metildi spoke in favor of fireworks J. Discussion, Direction and Action on Parade Fee Waiver, Adoption of Resolution No. 22-12, Approving a No Fee Waiver Policy, Rebecca Callen, City Administrator Staff / Council Discussion
Public Comments – Laurie G spoke about the positive meeting she had with City Staff. Veronica Metildi spoke about the parade history

CITY HALL
CITY OF ANGELS PO Box 667, 200 Monte Verda St. Suite B, Angels Camp, CA 95222 P: (209) 736-2181 Action: Motion to wave the parade fee by Council Member Tiscornia, seconded by Council Member Schirato, and passed 4 Yes 1 Absent
Action: Motion to adopt Resolution 22-12 by Vice Mayor Herndon, seconded by Council Member Moncada, and passed 4 Yes 1 Absent

8. ADMINISTRATION REPORT – City Administrator gave her report

9. COUNCIL REPORT – Council Members gave their reports

10. CALENDAR – Clerk to email

11. ADJOURNMENT
Action: Motion to adjourn the meeting at 8:06 pm, by Council Member Tiscornia, seconded by Council Member Schirato, and passed 4 Yes 1 Absent
__________________________
Alvin Broglio, Mayor
__________________________
Rose Beristianos, City Clerk
City of Angels Council Meeting
May 3, 2022 CONSENT AGENDA 6.B
Approval of Two-Year Extension with Adams Ashby for CDBG Consultant Services, Rebecca Callen, City Administrator
_____________________________________________________________________

CITY HALL
CITY OF ANGELS PO Box 667, 200 Monte Verda St. Suite B, Angels Camp, CA 95222 P: (209) 736-2181 DATE: May 3, 2022
TO: City Council
FROM: Rebecca Callen, City Administrator
RE: APPROVAL OF A TWO-YEAR EXTENSION WITH ADAMS ASHBY FOR CDBG CONSULTANT

SERVICES

RECOMMENDATION
Staff recommends extending the term of the CDBG Consultant Service contract with Adams Ashby Group to June 30, 2024.

BACKGROUND
The City of Angels issued an RFP for CDBG Consultant Services in 2019 and awarded the contract to Adams Ashby Group. The contract has provisions that allow the City of Angels to extend the term of the contract without having to issue another RFP at this time. The City will be required to issue the RFP prior to June 30, 2024.

DISCUSSION
Adams Ashby has been integral in many projects that the City is currently engaged in. To continue with that collaboration, it is imperative that staff have the ability to continue that relationship at this time.

When it is required to issue another RFP for services, staff will comply. However, at this time, it is highly recommended to continue with the current contract we have.

FINANCIAL IMPACT
None at this time

ATTACHMENTS
Executed Adams Ashby Contract

CITY CLERK
CITY OF ANGELS PO Box 667, 200 Monte Verda St. Suite B, Angels Camp, CA 95222 P: (209) 736-2181 Mayor Alvin Broglio • Vice Mayor Jennifer Davis-Herndon • Council Members Caroline Schirato, Gretel Tiscornia, Isabel Moncada
City Administrator Rebecca Callen • City Attorney Doug White, Churchwell White, LLP Tuesday, May 3, 2022
Adams Ashby Group
Attn: Lori Adams
770 L. Street – Suite 950
Sacramento, CA 95814
RE: Extension of CDBG Consultant Services
The current agreement is to terminate on June 30, 2022. Per the terms of the executed Contract for Service, 8.2 Extension, the City may extend the end date of the agreement in writing. The City of Angels is requesting an extension to June 30, 2024.

Please sign with your approval:

CITY OF ANGELS CAMP
Date: _____________________ By: ____________________________________________________ Rebecca Callen, City Administrator
Date: ______________________ By: ____________________________________________________ Alvin Broglio
Adams Ashy Group
Date: __________________ By: ___________________________________________________ Lorie Adams, Principal
City of Angels Council Meeting
May 3, 2022 CONSENT AGENDA 6.C
Adopt Resolution No. 22-15, Approving Feeney Park Foundation Mr. Frog’s Wild Ride Through a Portion of Angels Camp, Amy Augustine, City Planner _____________________________________________________________________

MEMORANDUM
DATE: May 3, 2022
TO: City Council
FROM: Amy Augustine, City Planner
RE: Resolution 22-15 Approving Feeney Park Foundation Mr. Frog’s Wild Ride through a Portion of Angels Camp
RECOMMENDATION:

Staff recommends approving Resolution 22-15.

BACKGROUND/DISCUSSION:

Mr. Frog’s Wild Ride is planned for May 7, 2022, from approximately 7 a.m. to 4 p.m. The bicycle ride raises money for Feeney Park in Murphys. The event is expected to attract 160± people. The full route is on the event’s website https://www.mrfrogswildride.org/
A portion of the ride will extend through the City as shown in Figure 1.

Specifically, the route approaches from Murphys Grade Road to Gardner Lane, up Gardner to Dogtown (near Country Lane Estates) and up Dogtown Road. Because the event has the potential to affect traffic in a portion of the City, this resolution is presented to Council.

No road closures are proposed. Participants follow streets using California’s “Share the Road” rules for bicyclists and automobiles. Riders are required to obey all traffic signals, stop signs, and vehicle rules required of automobiles.

Therefore, Caltrans does not require an encroachment permit for the ride. Similarly, the City requires a special event permit, but does not require an encroachment permit for the ride. Calaveras County is the lead agency for the event which is primarily located in the County.

ATTACHMENT
Resolution 22-15
Figure 1: Route through Angels Camp

CITY OF ANGELS

CITY COUNCIL
Resolution #22-15
RESOLUTION APPROVING FEENY PARK FOUNDATION MR. FROG’S WILD RIDE

THROUGH ANGELS CAMP
WHEREAS, the Feeney Park Foundation in Murphys organizes several fundraisers each year; and WHEREAS, Mr. Frog’s Wild Ride is a fundraising event to be held on May 7, 2022; and WHEREAS, Mr. Frog’s Wild Ride will pass through a portion of the City including Murphys Grade Road, Gardner and Dogtown Roads;
NOW THEREFORE BE IT RESOLVED by the City of Angels City Council hereby approves the use of roadways in the City for a portion of the event.

PASSED AND ADOPTED this 3rd day of May 2022 by the following vote:

Ayes:

Noes:

Absent:

Abstain:
___________________________
Alvin Broglio
Mayor
ATTEST:
_______________________________
Rose Berestianos
City Clerk
City of Angels Council Meeting
May 3, 2022 CONSENT AGENDA 6.D
Adopt Resolution No. 22-16, Authorizing the City to Continue a Hybrid Virtual Meeting Environment, Mayor and City Council, Rose Beristianos, City Clerk _____________________________________________________________________ {CW110982.1}

CITY HALL
CITY OF ANGELS PO Box 667, 200 Monte Verda St. Suite B, Angels Camp, CA 95222 P: (209) 736-2181 MEETING DATE: May 3, 2022
TO: Mayor and City Council
FROM: Douglas L. White, City Attorney
RE: Resolution No. 22-16, Authorizing the City to Implement Teleconferenced Public Meetings Pursuant to Assembly Bill 361 Allowing the City to Continue a Hybrid Virtual Meeting Environment.

RECOMMENDED COUNCIL ACTION:

Staff recommends Council adopt a Resolution authorizing the City to Implement Teleconferenced Public Meetings Pursuant to Assembly Bill 361 Allowing the City to Continue a Hybrid Virtual Meeting Environment.

BACKGROUND:

On September 16, 2021 Governor Newsom signed Assembly Bill (“AB”) 361 which allows cities to continue to meet remotely during proclaimed states of emergency under modified Ralph M. Brown Act requirements that are similar but not identical to the rules and procedures established by the previous Executive Orders temporarily suspending provisions of the Brown Act. On September 20, 2021, Governor Newsom signed Executive Order N-15-21 to suspend AB 361 until October 1, 2021.

AB 361, until January 1, 2024, authorizes a local agency to use teleconferencing without complying with the teleconferencing requirements imposed by the Brown Act when a local legislative body holds a meeting during a declared state of emergency by the governor and when state or local health officials have imposed or recommended measures to promote social distancing.

REASONS FOR RECOMMENDATION:

On June 11, 2021, Governor Newsom issued Executive Order N-08-21, which among other things rescinded his prior Executive Order N-29-20 and set a date of October 1, 2021, for public agencies to transition back to public meetings held in full compliance with the Brown Act.

As the Delta and Omicron variants have surged in California, the Legislature has taken action to extend the COVID-19 exceptions to the Brown Acts’s teleconference requirements, subject to some additional safeguards.

A local agency that holds a meeting under these circumstances would be required by AB 361 to do all of the following, in addition to giving notice of the meeting and posting agendas as required under the Brown act.

These additional requirements are intended to protect the public’s right to participate in the meetings of local agency legislative bodies.
{CW110982.1}
Pursuant to AB 361 local agencies are required to do all of the following in addition to meeting notice requirements under the Brown Act:
• Allow the public to access the meeting and require that the agenda provide an opportunity for the public to directly address the legislative body pursuant to the Brown Act’s other teleconferencing provisions. • In each instance when the local agency provides notice of the teleconferenced meeting or posts its agenda, give notice for how the public can access the meeting and provide public comment. • Identify and include in the agenda an opportunity for all persons to attend via a call-in or an internetbased service option; the legislative body need not provide a physical location for the public to attend or provide comments.
• Conduct teleconference meetings in a manner that protects the statutory and constitutional rights of the public.
• Stop the meeting until public access is restored in the event of a service disruption that either prevents the local agency from broadcasting the meeting to the public using the call-in or internet-based service option or is within the local agency’s control and prevents the public from submitting public comments (any actions taken during such a service disruption can be challenged under the Brown Act’s existing challenge provisions). • Not require comments be submitted in advance (though the legislative body may provide that as an option) and provide the opportunity to comment in real time. • Provide adequate time for public comment, either by establishing a timed public comment period or by allowing a reasonable amount of time to comment.
• If the legislative body uses a third-party website or platform to host the teleconference, and the thirdparty service requires users to register to participate, the legislative body must provide adequate time during the comment period for users to register and may not close the registration comment period until the comment period has elapsed.

AB 361 also provides that if a local agency conducts teleconference meetings in reliance on AB 361, the local agency must make the following findings by majority vote every 30 days to continue using the bill’s exemption to the Brown Act teleconferencing rules:
• The legislative body has reconsidered the circumstances of the emergency; and • Either of the following circumstances exist: The state of emergency continues to directly impact the ability of members to meet safely in person, or State or local officials continue to impose or recommend social distancing measures.

The goal of AB 361 is “to improve and enhance public access to local agency meetings during the COVID-19 pandemic and future applicable emergencies, by allowing broader access through teleconferencing options” consistent with Executive Order N-29-20. AB 361 contains an urgency clause which became effective upon signing with a sunset of January 1, 2024.

Over the past year, the Angels Camp City Council meetings have been held with virtual hybrid teleconference components. The City Council Chamber is not open for public attendance, but public participation is ensured through a virtual environment.

FISCAL IMPACTS:

There is no fiscal impact.
{CW110982.1}
OPTIONS:

1. Adopt the Resolution;

2. Continue the item for later consideration of the City Council with direction to City staff; or

3. Reject the Resolution.

ATTACHMENTS:

1. Resolution
{CW110983.1}
RESOLUTION NO. 22-16

A RESOLUTION OF THE CITY OF ANGELS CAMP CITY COUNCIL

PROCLAIMING A LOCAL EMERGENCY AND AUTHORIZING

REMOTE TELECONFERENCE MEETINGS OF THE LEGISLATIVE

BODIES OF THE CITY OF ANGELS PURSUANT TO ASSEMBLY BILL
361 AND BROWN ACT PROVISIONS
WHEREAS, the City Council of the City of Angels (the “City”) is committed to preserving public access and participation in meetings of the City Council; and WHEREAS, all meetings of the City’s legislative bodies are open and public, as required by the Ralph M. Brown Act (Gov. Code, §§ 54950 – 54963), so that any member of the public may attend, participate, and watch the City’s legislative bodies conduct their business; and
WHEREAS, on September 16, 2021, Governor Newsom signed Assembly Bill (“AB”) 361, amending Government Code section 54953, subdivision (e) to allow for remote teleconferencing participation in meetings by members of a legislative body without compliance with the requirements of Government Code section 54953, subdivision (b)(3), subject to the existence of certain conditions; and WHEREAS, a required condition for remote teleconferencing participation in meetings by members of a legislative body is that a state of emergency is declared by the Governor, pursuant to Government Code section 8625, proclaiming the existence of conditions of disaster or of extreme peril to the safety of persons and property within the state caused by conditions as described in Government Code section 8558; and WHEREAS, a proclamation is made when there is an actual incident, threat of disaster, or extreme peril to the safety of persons and property within the jurisdictions that are within the City’s boundaries, caused by natural, technological, or human-caused disasters; and
WHEREAS, it is further required that state or local officials have imposed or recommended measures to promote social distancing or the legislative body meeting in person would present imminent risks to the health and safety of attendees; and WHEREAS, such conditions now exist in the City, specifically, on March 4, 2020, Governor Gavin Newsom proclaimed a State of Emergency to exist in California as a result of the threat of COVID-19; despite sustained efforts, the virus continues to spread and is impacting nearly all sectors of California; and WHEREAS, there has been a significant increase in COVID-19 cases due primarily to the Omicron variant and COVID-19. Emerging evidence indicates that the {CW110983.1}
Omicron variant is far more transmissible than prior variants of the virus, and can be spread by fully vaccinated individuals; and
WHEREAS, as a consequence of the declared emergency, the City Council does hereby find that the legislative body of the City shall conduct their meetings without compliance with Government Code section 54953, subdivision (b)(3), as authorized by Section 54953, subdivision (e), and that such legislative bodies shall comply with the requirements to provide the public with access to the meetings as prescribed in Section 54953, subdivision (e)(2); and
WHEREAS, pursuant to Government Code section 54953, subdivision (e)(3), in order to continue to teleconference without compliance with Government Code section 54953, subdivision (b)(3), the City Council shall, not later than 30 days after teleconferencing for the first time pursuant to this Resolution, and every 30 days thereafter, make the following findings by majority vote: The legislative body has reconsidered the circumstances of the state of emergency and any of the following conditions exist: (1) the state of emergency continues to directly impact the ability of the members to meet safely in person or (2) state or local officials continue to impose or recommend measures to promote social distancing; and
WHEREAS, the City reserves the option to hold in-person meetings, consistent with local health officer directives, or to continue a practice of remote meetings that still allow multiple options for public participation.

NOW, THEREFORE, THE CITY OF COUNCIL OF THE CITY OF
ANGELS CAMP DOES HEREBY RESOLVE AS FOLLOWS:

Section 1. Recitals. The Recitals set forth above are true and correct and are incorporated into this Resolution by this reference.

Section 2. Proclamation of Local Emergency. The City Council hereby proclaims that a local emergency exists throughout the City, and that the legislative body meeting in person could present imminent risks to the health and safety of attendees due to the prevalence of COVID-19 in Calaveras County and the state, such that the City reserves the right to continue virtual meetings or conduct in-person meetings, consistent with local health guidance or duly issued orders.

Section 3. Remote Teleconference Meetings. The legislative body and designees of the City are hereby authorized and directed to take all actions necessary to carry out the intent and purpose of this Resolution, including conducting open and public meetings in accordance with Government Code section 54953, subdivision (e), and other applicable provisions of the Brown Act.
{CW110983.1}
Section 4. Effective Date of Resolution. This Resolution shall take effect immediately upon its adoption and shall be effective until the earlier of (i) June 1, 2022, or (ii) such time the City Council makes a subsequent finding by majority vote in accordance with Government Code section 54953, subdivision (e)(3), to extend the time during which the legislative bodies of the City may continue to teleconference without compliance with paragraph (3) of subdivision (b) of section 54953.

PASSED AND ADOPTED AT A REGULAR MEETING OF THE CITY
COUNCIL OF THE CITY OF ANGELS CAMP ON THIS 3RD DAY OF MAY, 2022 BY THE FOLLOWING VOTE:

AYES:

NOES:

ABSENT:
______________________________
Alvin Broglio, Mayor
ATTEST:
_______________________________
Rose Beristianos, City Clerk
{CW110983.1}
RESOLUTION NO. 22-16

A RESOLUTION OF THE CITY OF ANGELS CAMP CITY COUNCIL

PROCLAIMING A LOCAL EMERGENCY AND AUTHORIZING

REMOTE TELECONFERENCE MEETINGS OF THE LEGISLATIVE

NOW, THEREFORE, THE CITY OF COUNCIL OF THE CITY OF
ANGELS CAMP DOES HEREBY RESOLVE AS FOLLOWS:

Section 1. Recitals. The Recitals set forth above are true and correct and are incorporated into this Resolution by this reference.

PASSED AND ADOPTED AT A REGULAR MEETING OF THE CITY
COUNCIL OF THE CITY OF ANGELS CAMP ON THIS 3RD DAY OF MAY, 2022 BY THE FOLLOWING VOTE:

AYES:

NOES:

ABSENT:
______________________________
Alvin Broglio, Mayor
ATTEST:
_______________________________
Rose Beristianos, City Clerk
City of Angels Council Meeting
May 3, 2022 REGULAR AGENDA 7.A
Discussion and Approval of Working with PARS to Establish an IRS 115 Trust and Approve an Initial $275,769 Contribution of Funding, Rebecca Callen, City Administrator
_____________________________________________________________________

CITY HALL
CITY OF ANGELS PO Box 667, 200 Monte Verda St. Suite B, Angels Camp, CA 95222 P: (209) 736-2181 DATE:

TO:

FROM:

RE:

May 3, 2022
City Council
Rebecca Callen, City Administrator
DISCUSSION AND APPROVAL OF WORKING WITH PARS TO ESTABLISH AN IRS 115 TRUST AND APPROVE AN INITIAL $275,769 CONTRIBUTION OF FUNDING

RECOMMENDATION
Staff is recommending Council to approve the City Administrator to engage with PARS (Public Agency Retirement) and sign all necessary documents to form the IRS 115 Trust and make a one-time contribution of $275,769 to the Trust.

BACKGROUND
The City of Angels offers Retiree Health benefits. Due to the City using CalPERS Health, the required minimum contribution of PEMCHA (Public Employees’ Medical & Hospital Care Act) is funded by the City regardless of whether a retiree elects to enroll in retiree health or not. The City has an approved vesting schedule with CalPERS that pays above the minimum PEMCHA contribution level.

If an employee is hired before July 1, 2009 and has a minimum of 5-year service, or hired after July 1, 2009 and has a minimum of 10 years of service, the City will pay 50% of the CalPERS Select premium for employee only (minus the PEMCHA amount). This amount is augmented once and employee attains Medicare eligibility, whereby the subsidy will be 50% of the CalPERS Medicare premium (less PEMCHA).

Based on these assumptions the most current OPEB actuary as of 6/30/20 showed a Total OPEB (Other Post Employment Benefits) liability of $5,162,167. The current and past practice of the City was to “paygo”. This means whatever the PEMCHA and Health Premiums are for the period, is what we pay. This practice does not lower the liability of the OPEB obligation and as additional retirees get added to the mix, it further grows.

DISCUSSION
The City Administrator was doing a review of fund balances to determine what restricted funds the City was holding and what level the restriction was. Additionally, the review was to identify funding sources for projects and equipment replacement. In this review three funds were identified that were holding $275,769 in cash earmarked for OPEB. The issue being that the City Treasury does not earn much by way

CITY HALL
CITY OF ANGELS PO Box 667, 200 Monte Verda St. Suite B, Angels Camp, CA 95222 P: (209) 736-2181 of interest. Additionally, the funds being held were in noninterest bearing funds. As such, the contribution of $275k has remained at that same level since its inception.

The IRS 115 Trust has been available for many years and allows agencies to prefund OPEB and Pension liabilities. Due to investment restrictions, public agencies have a limited ability to grow assets or earn any measurable investment income to help offset the growing liabilities of either program. An IRS 115 Trust allows a more comprehensive, although still relatively safe, investment option.

To put this in perspective, had the City invested the $275,769 in 2011, when it had initially made that contribution to PARS instead of holding in our own treasury, using a 10-year average of returns at a Moderately Conservative portfolio selection, that same $275,769 would be worth $517,283. The trust would have earned over $241k in income over a 10-year term. This includes some year being higher and some being lower (even a recession in there).

Comparative Investment Outcomes:

Strategy 10 Year Active Return Average End Portfolio Balance Capital Appreciation (Highest
Risk)

10.83% $802,845
Balanced 9.45% $701,747
Moderate 8.39% $632,629
Moderately Conservative 6.34% $517,283
Conservative (lowest Risk) 4.75% $442,201
Mitch Barker with PARS will present to the Council a brief overview of what OPEB is and what PARS can do to help address any questions or concerns Council may have.

Staff recommend that PARS and the City Administrator work together to establish the IRS 115 Trust specifically for OPEB, determine an appropriate funding strategy, and bring back a Funding Policy for the Council to discuss at the May 17, 2022 meeting to incorporate in the Budget. Additionally, GovInvest will also assist in a short presentation to Council at the May 17 Council meeting to further quantify the City of Angels’ current funding and unfunded liabilities of both the OPEB and Pension obligations using Modeling and data available.

FINANCIAL IMPACT
Move the restricted balances of $275,769, non-budgeted as a contribution to PARs.

City of Angels Council Meeting
May 3, 2022 REGULAR AGENDA 7.B
Item 1, Appeal of April 14, 2022 Planning Commission Denial of a Variance for Reduced Setbacks for a Carport at 195 Rocky Ridge Item 2, Request to Waive the $626.67 Appeal Fee, Amy Augustine, City Planner
_____________________________________________________________________ Variance – 195 Rocky Ridge Carport – 1
DATE: May 3, 2022
TO: City Council
FROM: Amy Augustine, City Planner
RE: 1. Appeal of 4/14/22 Planning Commission denial of a Variance for reduced setbacks for a carport at 195 Rocky Ridge

2. Request to waive the $626.67 appeal fee.

RECOMMENDATION:

1. Variance. The City Council may do one of the following:

A. Uphold the Planning Commission’s 4/14/22 denial of the proposed variance; or B. Approve the proposed variance per staff recommendation Resolution 22-14 subject to the attached conditions or conditions as may be amended by the City Council (Attachment E).

2. Fee waiver. The City Council may do one of the following:

A. Waive the $626.67 appeal fee; or
B. Deny the request to waive the $626.67 appeal fee.

PROJECT DESCRIPTION
OWNER/
APPLICANT: Gary D. and Lorraine Haddock
LOCATION: 195 Rocky Ridge, Angel Oaks Subdivision
ASSESSOR's
PARCEL
NUMBER: 058-036-016
GENERAL PLAN: Single-Family Residential
ZONING: Single-Family Residential
Variance – 195 Rocky Ridge Carport – 2
PROJECT:

Variance to reduce the required front setback from 20 feet to 7± to 12± feet from the property line to allow an existing carport to remain within the required 20-foot setback (Figure 2). The applicant’s letter in support of the appeal is included in Attachment A. Applicant submittals for the original application are included in Attachment B.

BACKGROUND
A code violation complaint was received by the City for a carport exceeding 120 feet installed in the setbacks without a building permit. After inspection, City staff sent a notice of violation to the landowner. The landowner contacted the City and was informed that there were two alternatives:
remove the structure or apply for a variance. The property owner applied for a variance citing the presence of 20-foot setbacks on three sides of the property (the property is a corner lot) restricting the lot’s buildable space as needed to store vehicles off the street (Attachments A and B and Figure 2).

Staff notified adjoining landowners within 300 feet and advisory agencies. No concerns were cited by advisory agencies (police department, fire department, engineering). Eleven adjoining landowners responded. Nine favored the project and two opposed the project. See Figure 3 for the location of the responding landowners and Attachment C for their responses. Please note on Figure 3 that Ron Davis is the fee title owner of the roadways in Angel Oaks Subdivision (i.e., no parcel is outlined identifying the respondent’s location). Please note the ninth letter of support was added following the Planning Commission meeting.

On April 14, 2022, the Planning Commission voted 4-0 to deny the appeal (Chair Broeder being absent).

The draft minutes of the Planning Commission meeting are included in Attachment D. At the Planning Commission public hearing, the landowner spoke in favor of the variance. Ron Davis spoke in opposition. Acting Planning Commission Chair Gordon made a motion to approve the variance which died for lack of a second. Commissioner Whittle made a motion to deny the variance, seconded by Commissioner Klerk, and passed 4-0 to deny the variance. In summary, the Planning Commissioners discussion cited the need to strictly enforce the provisions of the code related to setbacks and the need to obtain a building permit prior to construction.

The applicant appealed the decision within the ten-day statutory period and submitted the appropriate fee. Appellant’s statement in support of the appeal is included in Attachment A.

Specific issues raised relative to the Variance at the Planning Commission public hearing are addressed as follows.

Carport Appearance
Carport appearance (i.e., design review) is regulated through Covenant’s Conditions and Restrictions (CC&Rs) established in conjunction with the Angel Oaks Subdivision. The City does not undertake design review for residential subdivisions in the City. The City does not have the authority to enforce CC&Rs.

The Development Agreement adopted by the City for the Angel Oaks Subdivision1 required submittal of CC&Rs which established a process for enforcing design standards through CC&Rs. Staff cannot verify how long or by what entity these CC&Rs were enforced in Angel Oaks. 1 City of Angels Ordinance 298, 11-1-88, Condition #4 and Calaveras County Resolution 88-146 – Variance – 195 Rocky Ridge Carport – 3
Planning Commission discussions and this evaluation provide limited evaluation of the carport’s appearance. Other metal carports found in the subdivision are located in side yards and are largely screened from view with landscaping. Therefore, requiring a landscaping screen is consistent with similar uses elsewhere in the subdivision. Other carports in the subdivision are not painted the same color as the homes they are near. However, because the applicant proposed that the carport and home have matching or similar color; that condition also is included.

Setbacks
The variance originally called for allowing a reduction in the 20-foot setback to 13 feet. Commissioner Whittle indicated that he’d measured the setback and it was closer to 8.5 feet, asked if landscaping was within the property boundaries or road right-of-way, and if the back of the curb/paving represented the parcel boundary. Staff responded that streets are not necessarily constructed in the center of the rightof-way and may or may not represent the parcel boundary, that the Commission could specify a smaller setback if they elected to approve the variance and felt the setback is less, and that she believed that landscaping was within the subject parcel boundaries (within the setbacks).

In response, staff re-investigated setbacks. Based on the building permit site plan issued for the home and swimming pool identifying the position of the home relative to the setbacks, it can be seen that the home sits at an angle to the street, as does the carport, and that the roadway (edge of pavement) does not identify the actual parcel boundary. Further, as is common, it appears the roadway is not constructed in the center of the road right-of-way. For clarification, the carport setbacks requested have been specified to vary from 7.0’ to 12’ from the parcel boundary (Figure 2).

Condition #4.

Variance – 195 Rocky Ridge Carport – 4
Figure 1: General Project Location (Parcel Boundaries NOT as shown—See Figure 2) Variance – 195 Rocky Ridge Carport – 5
FIGURE 2: SITE PLAN
Variance – 195 Rocky Ridge Carport – 6
Key:
1: Applicant
2: Downey +
3: Benns +
4: Chew -
5: Sons +
6: Loving+
7: Han-Valera -
8: Campi +
9: Tutt +
10: Tiquet +
11: Davis – (roadways)
12: McGarry/Eisentad+
+: Support
- : Oppose
Figure 3: Responding Adjoining Landowners and Applicant 10 6
11 12
Variance – 195 Rocky Ridge Carport – 7
Figure 4: Existing carport and landscaping (Note: Color inaccurate) Variance – 195 Rocky Ridge Carport – 8
Figure 5: Existing Carport (Color correct)
Variance – 195 Rocky Ridge Carport – 9
Setbacks (continued)
In analyzing the location of the parcel boundaries and setbacks for this appeal, and as shown in Figure 2, it was determined that the existing pool house extends partly or entirely within the front setback. The pool house appears in Google Earth aerial photos dating back to at least 2011. Aerials pre-dating 2011 provide insufficient clarity to determine pool house presence or absence. The building permit for the pool was issued in 1992 without reference to a pool house. The pool house is documented here as a pre-existing use to ensure that current or future property owners are not the subject of a code enforcement action related to failure to secure a building permit or otherwise placing the structure in the building setback.

The on-site swimming pool extends into the property’s rear setback as permitted under the Angels Municipal Code. A small portion of the pool extends into the parcel’s front setback (along Thistle Way) as shown in Figure 2. As noted, a building permit was issued for the pool in 1992. Per Angels Municipal Code Section 17.18.060, in 1992, swimming pools could encroach into a rear setback to within ten feet, but could not encroach into a front setback. Since 2003, swimming pools may encroach within five feet of a rear setback, but still may not encroach into a front setback. Despite the requirement prohibiting pools in the front setback, a building permit was issued by the City based on plans clearly showing the encroachment. Staff suspects that the front setback along Thistle Way was mis-interpreted to be a side setback instead of a front setback.

Again, the pool encroachment is documented here as a pre-existing use to ensure that current or future property owners are not the subject of a code enforcement action related to failure to secure a building permit or otherwise placing the structure in the building setback.

Analysis relative to required findings pursuant to the Angels Municipal Code follows.

ANALYSIS:

Pursuant to Angels Camp Municipal Code (AMC) Section 17.18.040(G):

Minimum building setbacks in the R-1 zoning district are:

1. Front, twenty feet,

2. Side, five feet,

3. Exterior side of a corner lot, same as front,

4. Rear:
a. Principal building, twenty feet,
b. Accessory building, five feet,
c. Decks and porches shall be allowed to extend from the principle building up to six feet into the rear setback, provided the area of the extension is not wider than twenty feet and the finished floor level of the deck or eave level of the porch is no more than twelve feet in height, as measured from finished grade, d. Decks and patios that have a finished floor level of less than thirty inches above finished grade and that do not have railings are permitted in the rear setback,

5. Between buildings, ten feet,

6. Vision clearance, thirty-five feet.

The existing carport was installed without a building permit and encroaches between 8± and 12± feet into the required 20-foot front setback (Figure 2).

Variance – 195 Rocky Ridge Carport – 10
The City notified the owners of a code violation. The owners responded that they were unaware that a permit was required and met with Planning Staff to determine alternatives. One of those alternatives includes securing a variance to allow the carport to remain.

Pursuant to Angels Camp Municipal Code (AMC) Section 17.75.040, variance(s) from the terms of this title shall be granted only when the Planning Commission can make all the following findings:

A. Special circumstances are applicable to the property, including size, shape, topography, location or surroundings, so that the strict application of the zoning code deprives such property of privileges enjoyed by other property in the vicinity and under an identical zoning classification; and
B. The variance is subject to such conditions as will assure that the adjustment authorized shall not constitute a grant of special privileges inconsistent with the limitations upon other properties in the vicinity and zone in which such property is situated; and C. The variance does not authorize a use or activity which is not otherwise expressly authorized by the zoning regulations governing the parcel of property.

D. Granting the variance will not, under the circumstances of the particular case, be substantially detrimental to the health, safety, or general welfare of persons or injurious to property or improvements in the neighborhood.

FINDING A: Special characteristics are applicable to the property, including size, shape, topography, location or surroundings, so that the strict application of this title deprives such property of privileges enjoyed by other property in the vicinity and under an identical zoning classification.

Most parcels in the subdivision have a 20-foot front and 20-foot rear setback for principal buildings and two five-foot side setbacks. The subject parcel has three 20-foot setbacks (two front setbacks and one rear setback) plus one five-foot side setback. As a result, the subject parcel has less buildable area than some other lots in the subdivision.

Of the 187± single-family parcels in the Angel Oaks Subdivision, 21± (approximately 11%) are corner lots (i.e., have two, 20-foot front setbacks). Of these 21± lots, 9± have two 20-foot front setbacks and two five-foot side setbacks (i.e., have two, but not three 20-foot setbacks). Only 12± other lots in the subdivision have three sides with 20-foot setbacks. Therefore, the subject parcel shares the characteristics of only 12 (6%) of the 187 lots in the subdivision having three sides of the parcel with 20-foot setbacks. Therefore, under the circumstances of this particular case, the subject parcel may be considered to have a special characteristic (three 20-foot setbacks) that limits the site’s buildable area in comparison to nearly 94% of the other lots in the subdivision that do not have this restriction.

Variance – 195 Rocky Ridge Carport – 11

Based on the preceding, Finding A can be made.

FINDING B: The variance is subject to such conditions as will assure that the adjustment authorized shall not constitute a grant of special privileges inconsistent with the limitations upon other properties in the vicinity and zone in which such property is situated.

Per AMC Section 17.75.050:

In approving a Variance, The Planning Commission has authority to impose such conditions as it deems necessary to make the findings included in 17.75.030, and to protect the public health, safety, and general welfare in line with the standards set forth in this title (as may be amended by the variance), the General Plan, adopted City design standards, adopted City short- and long-range plans, and accepted planning and engineering practices.

Advisory agencies (e.g., police department, fire department, public works, engineering) were notified of the proposed variance. The Fire Department responded with no concerns. No other responses were received from advisory agencies.

Neighboring landowners within 300 feet of the proposed variance were notified of the proposed project. Twelve responses were received (ATTACHMENT C). Ten of the respondents supported retaining the carport as is citing the carport’s appealing appearance and the ability to store vehicles off the street. Two responses opposed retaining the carport citing its unappealing appearance and building without the appropriate permits (See Finding D below for discussion related to appearance).

Figure 6: Other Corner Parcels in the Angel Oaks Subdivision Variance – 195 Rocky Ridge Carport – 12
Building without the appropriate permits
The existing carport was installed without obtaining a building permit. Had the owners sought a building permit in advance of installation, a variance would have been required prior to installation. The City pursues civil penalties when the parcel owner(s) does not comply with City codes after initial notification of a violation. The landowners applied for a variance after receiving the initial notification of a code violation. Therefore, approval of a variance will allow the landowners to secure a building permit for the carport in compliance with City code subject to the following condition of project approval:

Condition: Within 30 days of approval of a City variance, the landowners shall submit a building permit application to the City and pay all applicable building permit fees for the carport. Landowner shall make any necessary modifications if and as required by the City Building Official to secure a final inspection for the carport.

The proposed encroachment does not extend over required public utility easements (these extend five feet around all parcel boundaries except in the rear where the utility easement is 10 feet). The encroachment occurs within the subject parcel boundaries and not in City right-ofway associated with the roadway; therefore, it does not conflict with any existing or potential future plans related to roadway use (e.g., bicycle or pedestrian facilities, or other road improvements).

Based on the preceding, FINDING B can be made subject to the attached conditions.

FINDING C: The variance does not authorize a use or activity which is not otherwise expressly authorized by the zone regulation governing the parcel of property.

The variance would allow encroachment into a front setback. Encroachments into setbacks are permitted under certain circumstances pursuant to the zoning code (e.g., decks may encroach into setbacks, accessory buildings may encroach into rear setbacks). Similarly, carports are an allowable use in the residential district.

Therefore, the variance does not authorize a use or activity which is not otherwise expressly authorized (i.e., a carport).

Based on the preceding, FINDING C can be made subject to the attached conditions.

Finding D: Granting the variance will not, under the circumstances of the particular case, be substantially detrimental to the health, safety, or general welfare of persons or injurious to property or improvements in the neighborhood.

The proposed encroachment will not block visibility and the driveway enters the street in compliance with R-1 development standards. Advisory agencies including the police and fire departments reviewed the proposed project and cited no safety concerns. Therefore, under the circumstances of this particular case, the proposed variance is not substantially detrimental to the health, safety or general welfare of persons in the neighborhood. As noted by several adjoining landowners, the carport assists in storing vehicles off the street. This improves roadway access by emergency response vehicles.

As previously noted, one adjoining landowner found the carport to be visually unappealing.

Staff interprets this to mean the adjoiner found the carport design “incompatible” with the neighborhood. Or, more specifically, the carport does not have a similar appearance to stick- Variance – 195 Rocky Ridge Carport – 13
built garages in the neighborhood. The limitations of the City with respect to conducting design review within a residential zoning district is discussed in the “Background” portion of this study and is not repeated here.

The large blank siding of the carport can produce glare. The landowners have voluntarily installed landscaping. Landscaping as screening is consistent with other metal carports in the subdivision. To ensure that the landscaping is maintained, continues to grow, and “breaks up” the large expanse of siding associated with the carport, the following condition is required:

Condition: Throughout the life of the project (i.e., for as long as the carport remains), the landowners shall be responsible for maintaining landscaping along the Thistle-Way side of the carport including at least three trees planted along the roadway of sufficient height (when mature) to partially block the view of the carport. Dead and dying plant materials shall be replaced immediately with landscaping of like material within 30 days of notification by the City unless an extension is granted by the City. Replacement trees shall be a minimum of 24” box.

The landowners note that the carport is soft gray and that they plan to paint the home the same color (Attachment B). Staff notes that the contrasting color of the carport (gray) next to the house (tan) draws attention to the carport. As indicated in (Figure 7), the colorized photo illustrates that a consistent home and carport color better blends the carport with the home -- making it more similar to the stick-built garages throughout the neighborhood where home and garage colors match. Therefore, because the encroachment into the setback makes the carport more visible to the neighborhood than might otherwise be the case, as a condition of approval for the variance, the following condition is required:

Condition: Throughout the life of the project (i.e., for as long as the carport remains), the carport shall be painted the same color as the house. A Notice of Action will be filed for the project site to ensure ongoing compliance.

Variance – 195 Rocky Ridge Carport – 14
Figure 7: Contrasting home and Carport Color versus Similar Home and Carport Color A - Contrasting B - Same Color
Variance – 195 Rocky Ridge Carport – 15
Finally, the concrete expanse created by the carport pad may be softened by landscaping or natural stone until landscaping matures (See Figure 7B). Staff recommends, but does not require, the following:

Condition (Recommended, not required):

Landowners may install stacked rock (or alternative low-growing landscaping) along the Thistle-Way face of the concrete slab supporting the carport to soften the concrete appearance.

Based on the preceding, FINDING D can be made subject to the attached conditions.

ENVIRONMENTAL FINDINGS:

Pursuant to the state guidelines for implementing the California Environmental Quality Act (CEQA), the proposed project is categorically exempt from CEQA pursuant to Section 15303, Class 3(e), New construction of small structures including carports, because the Project involves the construction of a carport.

The Project does not involve any of the exceptions to this categorical exemption as established in Section 15300.2(b-f) of the guidelines (i.e., does not contribute cumulatively to a significant impact, will not result in any potentially significant impact, will not impact a scenic highway, does not involve a hazardous waste site, and will not create a substantial adverse change to the significance of a historical resource).

ATTACHMENTS:

A. Applicant statement in support of appeal
B. Applicant statement in support of variance
C. Neighboring landowner responses
D. Draft 4/14/22 Planning Commission Minutes for Variance E. City Council Resolution 22-14 with Conditions of Project Approval Variance – 195 Rocky Ridge Carport – 16

ATTACHMENT A
APPLICANT’S LETTER OF APPEAL
Variance – 195 Rocky Ridge Carport – 17
Variance – 195 Rocky Ridge Carport – 18
Variance – 195 Rocky Ridge Carport – 19

ATTACHMENT B

APPLICANT STATEMENT IN SUPPORT OF VARIANCE
Variance – 195 Rocky Ridge Carport – 20
Variance – 195 Rocky Ridge Carport – 21
Variance – 195 Rocky Ridge Carport – 22

ATTACHMENT C

ADJOINING LANDOWNER REPONSES
Variance – 195 Rocky Ridge Carport – 23
Variance – 195 Rocky Ridge Carport – 24
Variance – 195 Rocky Ridge Carport – 25
Variance – 195 Rocky Ridge Carport – 26
Variance – 195 Rocky Ridge Carport – 27
Variance – 195 Rocky Ridge Carport – 28
Variance – 195 Rocky Ridge Carport – 29
Variance – 195 Rocky Ridge Carport – 30
Variance – 195 Rocky Ridge Carport – 31
Variance – 195 Rocky Ridge Carport – 32
Variance – 195 Rocky Ridge Carport – 33
Rec’d 4/25/22
Variance – 195 Rocky Ridge Carport – 34

ATTACHMENT D
DRAFT 4/14/22 PLANNING COMMISSION MINUTES
Variance – 195 Rocky Ridge Carport – 35
DRAFT

CITY OF ANGELS

PLANNING COMMISSION

MINUTES
4/14/22

PUBLIC HEARING
ITEM 3: RESOLUTION 22-13: VARIANCE 195 ROCKY RIDGE.

Assessor’s Parcel Number 058-036-016 by Gary D. and Lorraine Haddock. Variance to reduce the required front setback from 20 feet to 13± feet to allow an existing carport to remain within the required 20-foot setback in a Single-Family Residential (R-1) zoning district.

Discussion:

Staff introduced the project noting that it had originated as a code violation. In response to the City’s Notice and Order to Abate, the landowner had contacted the City to address the violation and was informed that only a variance could allow the carport to encroach into the setbacks.

Staff noted that a variance required a finding that there is something unique about the property.

In this particular case, that would be the presence of three, 20-foot setbacks (two fronts and a rear setback plus a 5-foot side setback). Most neighboring properties have a 20-foot front, a 20-foot rear and two 5-foot side setbacks. Therefore, the Commission could make a finding of special conditions related to the property and staff was recommending approval.

Staff reported that 11 responses had been received with 9 neighboring properties in support of the variance and one opposed. Those in favor stated they found the structure neat and attractive and removed vehicles from the roadway. The landowner in opposition disagreed and found the structure unattractive. Staff noted that a second letter of opposition had been received from Ron Davis and was e-mailed to the Planning Commissioners in advance of the meeting and copies were available for the public. That letter expressed concerns related to setting a precedent for others to do the same.

In response to the neighbor’s concern related to appearance, conditions of project approval included painting the home to match the carport, maintaining landscaping (trees already were planted to screen the carport), and securing a building permit. Staff also noted that the City is drafting an ordinance to require double-fees for building permits issued in response to a code violation.

Commissioner Whittle noted that he’d measured from the back of the curb and it measured closer to 8.5 feet than 13 feet from the property line unless the edge of the pavement wasn’t the property line. Staff responded that the edge of the pavement isn’t necessarily the property line, but that the Planning Commission could recommend a smaller setback if they felt it should be less. He asked who owned to the back of the curb if it wasn’t the property owner? Staff noted that, in this particular case, the original subdivision developer maintained ownership of the roadways; but that the back of the curb was not necessarily the property boundary.

Variance – 195 Rocky Ridge Carport – 36
Commissioner Moncada asked if carports typically require a building permit. Staff responded that this carport exceeded 120 square feet and, therefore, required a building permit. She noted that this is an ongoing issue. Retailers selling pre-fab structures often inform buyers that no building permit is required without actually checking.

Commissioner Whittle asked if the work had been performed by a licensed contractor and how, if a building permit is secured now, could the integrity of the slab or retaining wall be determined. Staff stated that the building permit process would determine the license status of the contractor. Staff stated that she deferred to the applicants to state whether or not they’d photographed any of the building process and if those photos might be used in support of a building permit.

Commissioner Whittle stated that he’s at odds on this one. He appreciated that they wanted to keep things nice; but going through a variance could encourage others to do the same--not having a building permit and then asking for a variance.

Commissioner Klerk asked about the code violation. Staff stated a complaint was received, a letter was sent and the applicants responded to the City and asked how they should proceed.

Commissioner Whittle asked if the Planning Commission’s decision today could be appealed to the City Council. Staff responded “yes,” that the appeal had to be filed within 10 days of the decision.

Chair Gordon opened the public hearing at 7:35 p.m.

Speakers:

Lorraine Haddock, parcel owner, spoke in support of the variance. She stated that her and her husband had taken photos through the construction process of the cement work. They had not put in the slab with the intent of adding a carport. She stated they’d originally intended to use a tarp, but felt it wouldn’t look good. They had attempted to secure an off-site storage unit but could not get one. They didn’t want to store the boat on the street, so they’d started looking at sheds. They had lived at the location just over one year.

A company installed the carport. They’d purchased that particular color intending to paint the house a similar grey color. Because of the size of the carport, they’d selected fast growing trees and planted them so it would look nice. They felt they were improving things.

She stated that they had to pay a hefty fee for the variance application and agreed that they would paint the house a similar color and maintain landscaping as screening. She said they were not trying to make things look bad. She noted that, if asked to tear down the carport, they would likely sell the home.

She asked if, per Staff’s proposed condition, if approved, would the house have to exactly match the carport color or could it be close to the same color. Staff responded it could be close to the same color.

Ron Davis spoke in opposition. He stated that he needed to correct staff on her presentation where she’d tried to paint a picture of “Oh my God” there are setbacks of 20, 20 and 20 feet.

All the lots in the subdivision have 20 foot front and back setbacks. Corner lots have 20, 20 and 20-foot setbacks and staff made it sound as if the applicants were being mistreated. He Variance – 195 Rocky Ridge Carport – 37
noted he’d built the house and lived in it for 12 years and developed the lot. He stated that the landowners knew what they were doing was wrong and went ahead and did it and hoped no one would notice—that we all know you need a permit for a structure like that. They should have done their due diligence and at least checked with the City to see if a building permit was needed. He stated that the nine speaking in favor likely wanted to do the same thing, but what about the others that had to drive by and look at it? It is an albatross. It sets a precedent for others to disregard City ordinances and fail to get a building permit then ask for a variance.

Now the landowners want forgiveness.

Staff asked if anyone online (Zoom) wanted to make comments. Seeing no one, she turned it back to the Chair.

Chair Gordon closed the public hearing at 7:50 p.m.

Commissioner Whittle stated that now that he understood the landowners did not own to the back of the curb, are the conditions requiring landscaping to be placed on someone else’s property? Staff stated no. The landscaping is on the landowner’s property.

Commissioner Klerk asked if the area where the landscaping is planted is within the setback, but on the landowner’s property. That you can put landscaping in a setbacks, but not a structure. Staff confirmed that this is correct.

Commissioner Whittle stated looking at the photo, if the property line isn’t at the back of curb, is the landscaping on the subject property? Staff stated that the landscaping is on the subject property which extended to the back of curb at the very least.

Commissioner Whittle asked for clarification on the resolution which states allowing an encroachment of 7 feet into the front setbacks, aren’t we talking about the side setback? Staff responded that no, in fact, this property has two front setbacks which is the basis for the variance—the property doesn’t have a front and side, but two fronts—on both Thistle and Rocky Ridge. Commissioner Whittle stated that he understood the two fronts. Staff noted that stating it is the Thistle frontage and the Rocky Ridge frontage might help to clarify.

Chair Gordon stated that this was a very difficult decision. He always checks with the City to see if he needs a permit, but it is a difficult lot. It is difficult to store RVs and boats and the carport is noticeable due to its size; but rocks and trees were added and enhanced the appearance. Perhaps the need to store the boat might have been considered before purchasing the lot. He stated he was actually more concerned with the appearance of the fence and the propane tank. But, we have to look at why we have the ordinance, and if we should override it with a variance. He felt is was very difficult and they should have checked to see if they needed a permit.

Commissioner Whittle agreed the decision was very difficult and he appreciated that they were taking care of their property. He stated he’d driven around and there were other items in the Angel Oaks subdivision that perhaps might need looked at. He stated that, if a licensed contractor was used, the contractor should have been responsible and checked and perhaps the landowners may have some recourse through the contractor.

Commissioner Gordon asked Ms. Haddock if their contractor was licenses. She said yes, but not from this area. She asked if they had come to the City, could they have built that structure? Staff responded that they’d have had to secure a building permit and conformed with the Variance – 195 Rocky Ridge Carport – 38
setbacks. If they could conform with the setbacks, the structure could have been installed without a variance. She asked about other pre-fab buildings and the trigger for a building permit. Staff stated it was around 100 feet. Commissioner Whittle stated it was 120 feet and staff concurred.

Chair Gordon noted that driving around the neighborhood there were many RVs and boats sticking out and agreed that the applicants had tried to make it look good.

Commissioner Klerk agreed that the owners had done what they could to reduce visual impact and that there were no safety issues. He felt the City should be out there and more engaged, but he was worried it could set a precedent where folks could build without a permit, then get a variance. He agreed it is a tricky situation.

Ms. Haddock, from the audience, stated that it wasn’t easy or inexpensive to apply for the variance and wouldn’t necessarily be precedent-setting given the cost and effort involved.

The Commissioner reiterated that its decision could be appealed. Staff noted that variance fees were a few thousand dollars and that there is a fee for an appeal. The fees for the variance are, in part, relatively high and offer some disincentive. She confirmed the fees are non-refundable.

Chair Gordon asked if anyone was ready to make a motion. No one responded.

MOTION BY CHAIR GORDON TO APPROVE THE VARIANCE. No second was made and the motion died for lack of a second.

Staff asked if anyone wanted to make the alternative motion to deny.

MOTION BY COMMISSIONER WHITTLE, DULY SECONDED BY COMMISSIONER KLERK TO DENY RESOLUTION 22-13. AYES: VICE-CHAIR GORDON, COMMISSIONERS MONCADA, KLERK, WHITTLE. NOES: NONE. ABSENT: BROEDER. THE MOTION CARRIED 4-0 TO DENY RESOLUTION 22-13
Variance – 195 Rocky Ridge Carport – 39

ATTACHMENT E

CITY COUNCIL
RESOLUTION 22-14 with CONDITIONS OF PROJECT APPROVAL
Variance – 195 Rocky Ridge Carport – 40

CITY OF ANGELS

CITY COUNCIL
Resolution No. 22-14

RESOLUTION PASSED AND ADOPTED BY THE CITY OF ANGELS CITY COUNCIL PROJECT # 22-0009 CARPORT SETBACK VARIANCE
Angel Oaks Subdivision - APN: 058-036-016
195 Rocky Ridge Court
WHEREAS, the City received an application for a Variance to allow a carport to encroach into the front setback (with a resulting setback ranging between 7± and 12± feet from the property line);

WHEREAS, the City of Angels Municipal Code requires that such development requires a Variance; and
WHEREAS, the City of Angels Municipal Code establishes that a Variance requires review by the City of Angels Planning Commission, and;
WHEREAS, the City of Angels Planning Commission denied the variance on 4/14/22 and the applicant appealed to the City Council:

WHEREAS, it has been determined that the project complies with the applicable sections of the City of Angels Municipal Code and is consistent with the City of Angels General Plan subject to the conditions contained herein; and
WHEREAS, the Project is categorically exempt from the California Environmental Quality Act (CEQA) pursuant to the state guidelines for the implementation of CEQA Section 15303, Class 3; and
WHEREAS, at a duly noticed public hearing the City Council heard and considered public input on the proposed project;
NOW THEREFORE BE IT RESOLVED that the City Council of the City of Angels hereby approve the variance based on the following findings A through D and subject to the attached conditions:

A. Special circumstances are applicable to the property, including size, shape, topography, location or surroundings, so that the strict application of the zoning code deprives such property of privileges enjoyed by other property in the vicinity and under an identical zoning classification; and
B. The variance is subject to such conditions as will assure that the adjustment authorized shall not constitute a grant of special privileges inconsistent with the limitations upon other properties in the vicinity and zone in which such property is situated; and Variance – 195 Rocky Ridge Carport – 41
C. The variance does not authorize a use or activity which is not otherwise expressly authorized by the zoning regulations governing the parcel of property.

The foregoing resolution was introduced and moved for adoption May 3, 2022, by Council member ________________and duly seconded by Council member ______________.

PASSED AND ADOPTED THIS 3rd day of May, by the following vote:

AYES:

NOES:

ABSTAIN:

ABSENT:
_____________________________
Alvin Broglio, Mayor
ATTEST:

Rose Berestianos, City Clerk
City of Angels
Variance – 195 Rocky Ridge Carport – 42

CONDITIONS OF PROJECT APPROVAL
PROJECT # 22-0009 VARIANCE FOR CARPORT
Angel Oaks Subdivision - APN: 058-036-016
195 Rocky Ridge Court
City of Angels City Council Resolution 22-14

1. To the fullest extent permitted by law, Applicant shall defend, indemnify, and hold harmless City and its agents, elected and appointed officials, officers, employees, consultants, and volunteers (collectively, “City’s Agents”) from any and all liability arising out of a claim, action, or proceeding against City, or City’s Agents, to attack, set aside, void, or annul an approval concerning the project, any applicable Permit, or subsequent City approvals. Applicant’s duty to indemnify and hold harmless shall not extend to any claim, action, or proceeding arising from the gross negligence or willful misconduct of City or City’s Agents.

Upon receiving notice of a claim, action, or proceeding, Applicant shall assume the defense of the claim, action, or proceeding through the prompt payment of all attorneys’ fees and costs, incurred in good faith and in the exercise of reasonable discretion, of City’s counsel in defending such an action. City shall have the absolute and sole authority to control the litigation and make litigation decisions, including, but not limited to, selecting counsel to defend City and settlement or other disposition of the matter.

The modification of a proposal by the applicant or the imposition of conditions by the City shall not alter the effectiveness of this indemnity obligation.

2. All construction shall comply with the plans approved May 3, 2022, by the City of Angels City Council. Specifically, carport encroachment into the front yard setback along Thistle Way in compliance with Figure 2 (i.e., setback from the front parcel boundary between 7 and 12 feet).

3. Within 30 days of approval of a City variance, the landowners shall submit a building permit application to the City and pay all applicable building permit fees for the carport.

Landowner shall make any necessary modifications if and as required by the City Building Official to secure a final inspection for the carport.

4. Throughout the life of the project (i.e., for as long as the carport remains), the landowners shall be responsible for maintaining landscaping along the Thistle-Way side of the carport including at least three trees planted along the roadway of sufficient height (when mature) to partially block the view of the carport. Dead and dying plant materials shall be replaced immediately with landscaping of like material within 30 days of notification by the City unless an extension is granted by the City. Replacement trees shall be a minimum of 24” box.

5. Throughout the life of the project (i.e., for as long as the carport remains), the carport shall be painted the same color as the house. A Notice of Action will be filed for the project site to ensure ongoing compliance.

Variance – 195 Rocky Ridge Carport – 43

6. Recommended, not required: Landowners may install stacked rock (or alternative lowgrowing landscaping) along the Thistle-Way face of the concrete slab supporting the carport to soften the concrete appearance.

I, we , have read and agree to the preceding conditions:
__________________________________________ __________
__________________________________________ __________
Figure 2 (Attachment to Resolution 22-14)
City of Angels Council Meeting
May 3, 2022 REGULAR AGENDA 7.C
Approve a Contract with Michelle Gonzalez for Finance Director, Rebecca Callen, City Administrator
_____________________________________________________________________

CITY HALL
CITY OF ANGELS PO Box 667, 200 Monte Verda St. Suite B, Angels Camp, CA 95222 P: (209) 736-2181 DATE: May 3, 2022
TO: City Council
FROM: Rebecca Callen, City Administrator
RE: CONSIDERATION AND APPROVAL OF AN EMPLOYEMENT AGREEMENT WITH MICHELLE

GONZALES FOR THE FINANCE DIRECTOR POSITION

RECOMMENDATION
Staff recommend the City Council consider and approve the proposed employment agreement appointing Michelle Gonzalez as the City of Angels Finance Director and the Mayor to execute the agreement on behalf of the City of Angels.

BACKGROUND
The City Administrator brought forward the recommendation to Council to approve the position of Finance Director and establishing the salary range on March 1, 2022. This was approved by Council and staff immediately began recruiting. Indeed, LinkedIn, the City website, and Facebook were all used to generate interest in the newly created position. Several applications and resumes were reviewed to identify the most qualified candidates to Interview. Interviews took place on April 15, 2022 and the panel 100% agreed on the best option for the City, Michelle Gonzalez.

DISCUSSION
Ms. Gonzalez is a local resident of Angels Camp. She has a degree in Business Administration with a focus in Accounting. She has extensive experience in Accounting and Finance in both the private and public sectors involving project management, cost allocation plans, treasury management, governmental reporting, and all day-to-day facets of finance. Ms. Gonzalez also have a strong background in grant management across Federal, State, and Local granting agencies. Ms. Gonzalez, enjoys training others and developing procedures and internal controls to help staff and the agencies she has worked for. Her breadth of experience and positive attitude will be a great asset to the City of Angels.

FINANCIAL IMPACT
Ms. Gonzalez’s salary will be $96,740 per year

CITY HALL
CITY OF ANGELS PO Box 667, 200 Monte Verda St. Suite B, Angels Camp, CA 95222 P: (209) 736-2181

ATTACHMENTS
Employment Agreement for Finance Director
City of Angels Camp
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EMPLOYMENT AGREEMENT
THIS EMPLOYMENT AGREEMENT (“Agreement”) is made and entered into this 3rd day of May 2022, by and between the City of Angels Camp, a municipal corporation (“City”), and Michelle Gonzalez, an individual (“Employee”). The City and Employee may individually be referred to herein as “Party” or collectively as “Parties”.

There are no other parties to this Agreement.

RECITALS
A. The City Administrator is authorized to select and recommend City staff appointments to the City of Angels Camp City Council (“City Council”) pursuant to City of Angels Camp Municipal Code (“Municipal Code”) section

2.08.070.

B. The City Administrator has evaluated Employee’s knowledge, experience, administrative skills, and ability to serve as the Finance Director and recommends to City Council that Employee be appointed as the Finance Director, pursuant to the terms of this Agreement.

C. The Parties agree that this Agreement shall be the sole agreement between the Parties regarding the employment of Employee as Finance Director.

D. The Parties’ desire to execute this Agreement pursuant to the authority of, and subject to, the provisions of California Government Code (“Government Code”) sections 36506 and 53260 et seq.

NOW, THEREFORE, in consideration of the mutual covenants entered into between the Parties, and in consideration of the benefits that accrue to each, it is agreed as follows:

AGREEMENT
Section 1. Recitals. The recitals set forth above (“Recitals”) are incorporated herein by this reference and made a part of this Agreement. In the event of any inconsistencies between the Recitals and Sections 1 through 10 of this Agreement, Sections 1 through 10 will prevail.

Section 2. Effective Date. This Agreement shall become effective once executed by both the City and Employee (“Effective Date”).

Section 3. Appointment of Finance Director, Duties, and Term.

Section 3.1. Appointment of Finance Director and Duties. Commencing May 9 th, 2022 (“Start Date”), Employee shall serve as the Finance Director for the City, and shall be vested with the powers, duties, and responsibilities as set forth in the City Code, City of Angels Camp
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California law, City ordinances and resolutions, the Finance Director job description and any such other duties and functions as the City Administrator may from time-to-time assign to Employee. Employee accepts employment pursuant to the terms of this Agreement.

Section 3.2. Secondary Employment/Conflict of Interest. Employee agrees to devote all of his productive time, ability, and attention to the City’s business to the extent necessary to perform his duties and responsibilities in a mannersatisfactory to City. During the Term, as defined in Section 3.5 of this Agreement, Employee shall not hold secondary employment or engage in activities which conflict with, or present the appearance or possibility of conflicting with, City’s legitimate business interests. As such, Employee agrees that Employee will notify the City Administrator in writing if Employee wishes to accept secondary employment sufficiently in advance to allow City to determine whether there is the appearance of or an actual conflict or potential conflict with the satisfactory performance of Employee’s duties and/or the best interest of the City. Notwithstanding any other provision of this Agreement, Employee has the right to volunteer for such nonprofit organizations as she may see fit and further provided that such volunteer services shall not interfere with their duties as Finance Director.

Section 3.3. Exempt Employee. The general business hours for City employees are Monday through Friday, 8:00 a.m. to 5:00 p.m. However, it is recognized by the Parties that Employee is an exempt employee for purposes of the Fair Labor Standards Act of 1938 (29 U.S.C. § 201 et seq.). As such, Employee is expected to be reasonably available at all times and work such hours as may be necessary to the full accomplishment of Employee’s duties. Employee acknowledges that Employee shall not receive overtime or extra compensation for hours worked outside of the City’s general business hours, which are necessary to fulfill the duties of the Finance Director position, unless otherwise provided in this Agreement.

Section 3.4. Duties/Schedule. Employee’s daily and weekly work schedule shall vary in accordance with the work required to be performed. The Finance Director position may include frequent attendance at evening meetings and irregular hours as necessary to meet deadlines and achieve objectives. The City Council and the City Administrator recognize that the Finance Director must devote a great deal of their time outside normal office hours to the business of the City and, to that end, Employee will be allowed to take Management Leave during general business hours, upon approval of the City Administrator and consistent with any applicable provisions of City personnel policies, rules, and regulations, or MOU. i
As Finance Director, Employee’s initial duties shall be as shown in the job description attached as Exhibit A. Employee shall perform Employee’s duties under this Agreement pursuant to the laws of the State of California and applicable City Municipal Code, ordinances, and resolutions. Employee understands that Employee’s duties may be amended from time to time by City, as necessary to meet the City’s needs. No modification or change in Employee’s responsibilities, duties or position shall otherwise change or revoke any other provision of this Agreement.

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Unless otherwise specified in this Agreement, Employee shall be bound by all the policies, rules and regulations of City now in force and effect applicable to Employee’s position, and by all such other applicable policies, rules and regulations as may be hereafter implemented and called to his notice and will faithfully observe and abide by the same.

No such policy, rule or regulation shall alter, modify or revoke Employee’s status as an atwill employee or any other provision of this Agreement.

Section 3.5. Term. The term of this Agreement shall be for one (1) year from the Effective Date (“Term”) subject to Section 4 of this Agreement. The City Administrator, in their sole discretion, may extend the Term from time to time in increments of at least one (1) year. No later than three (3) months prior to the expiration of the Term, the City Administrator shall provide written notice to Employee as to whether the City Administrator intends to extend the Term. Termination of this Agreement shall be in accordance with Section 6 below.

Section 4. At-Will Employment.

4.1. At Will. Employee is an at-will employee serving at the pleasure of the City Council and City Administrator, as provided in Government Code section 36506.

Accordingly, either the City or Employee may terminate Employee’s employment and this Agreement at any time, with or without cause. Only if Employee is terminated by City without Good Cause, as defined in Section 6.3 of this Agreement, shall Employee be entitled to a Severance, as defined in Section 6.3 of this Agreement.

4.2. No Property Right in Employment. Employee understands and agrees that the terms of his employment are governed solely by this Agreement and the provisions of any applicable Memorandum of Understanding (“MOU”). Employee further understands and agrees that this Agreement does not confer a right of employment for any specified term and that Employee is not entitled to due process for any disciplinary action under the City’s personnel policies and rules, including termination, unless such process is provided pursuant to the terms of any applicable MOU.

Section 5. Compensation and Evaluations.

Section 5.1. Base Salary. City agrees to pay Employee an annual salary of ninetysix thousand seven hundred and ninety-seven dollars ($96,740.80) (“Base Salary”), payable in installments at the same time the other City employees are paid. Employee shall be eligible for cost of living and salary increases under the same terms and conditions as other similarly situated employees, in accordance with any applicable provisions of City personnel policies, rules and regulations and/or applicable MOU.

Section 5.2. Pro-rata Decrease. Employee acknowledges that the Base Salary may be subject to a pro-rata decrease based on the City Council’s adoption of an unpaid Mandatory Furlough Program adopted as a budgetary measure.

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Section 5.3. Review and Evaluation. The City Administrator agrees to review and evaluate Employee’s performance of Employee’s duties as Finance Director, pursuant to the terms of this Agreement (“Review and Evaluation”), on not less than an annual basis and to provide Employee with a written performance review. The annual Review and Evaluation shall generally be conducted each year in the month prior to Employee’s anniversary date, or at the City Administrator’s discretion.

Section 5.4. Benefits. Employee shall be entitled to participate in medical, dental and vision insurance coverage provided by the California Public Employees Retirement System (CalPERS). Unless otherwise specified in this Agreement, the City shall provide such coverage on the same terms and conditions as similarly situated employees, and in accordance with any applicable provisions of City personnel policies, rules and regulations and/or any applicable MOU. Employee acknowledges that the level of benefits and portion of premiums paid by the City may be subject to change. City will endeavor to provide Employee no less than thirty (30) days’ notice of new medical benefit program and costs.

Section 5.5. Longevity Pay. Employee will be eligible for Longevity Pay after ten (10) years of continuous full-time employment with the City, in accordance with the City's Personnel Rules, policies and regulations and/or an applicable MOU. Longevity pay shall be added to Employee’s base salary.

Section 5.6. Retirement. The City participates in the CalPERS. CalPERS will make the determination if Employee is considered as a “Classic” or “New Member” (as defined under Government Code section 7522.04), and Employee shall contribute based on the enrolled tier. City will pay 100% of the employer contribution. Employee will pay 100% of the employee contribution.

Section 5.7. Vacation. Accrual of vacation leave shall begin on the first day of the first full month of employment. During the term of this Agreement, Employee shall accrue vacation at a rate of ten (10) days, or eighty (80) hours, of paid vacation leave per year. Vacation accrual shall be capped at one hundred and fifty percent (150%) of Employee’s annual accrual. Unless otherwise specified in this Agreement, the accrual and use of vacation shall be administered in accordance with any applicable provisions of City personnel policies, rules and regulations and/or applicable MOU. Upon separation, Employee is entitled to receive payment for all accrued but unused vacation time at Employee’s current Base Salary rate as of the date of the Employee’s separation of employment.

Section 5.8. Sick Leave. Employee shall earn sick leave at the rate of one (1) day, or eight (8) hours, for each month of service. Accrual of sick leave shall begin on the first day of the first full month of employment. Employee may be required by the City Administrator to bring a note by a medical provider stating the cause of absence if the sick leave exceeds three (3) days. Employee shall not accrue more than ninety (90) days, or seven hundred twenty (720) hours, of sick leave. Unless otherwise specified in this Agreement, the accrual and use of sick leave shall be administered in accordance with any applicable City personnel rules, policies and regulations and/or applicable MOU.

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Section 5.9. Management Leave. It is recognized that Employee must devote a great deal of time outside the normal office hours to City business as the Finance Director.

To that end, Employee receive shall fifteen (15) days, or one hundred and twenty (120) hours, of management leave (“Management Leave”) at the beginning of each fiscal year to be used as needed, upon approval of the City Administrator. Unless otherwise specified in this Agreement, the accrual and use of Management Leave shall be administered in accordance with any applicable City personnel rules, policies and regulations and/or applicable MOU. In the first year of this Agreement, Employee will be credited with a prorated portion of Management Leave for the remainder of the fiscal year. Any unused Management Leave expires on June 30 of each fiscal year and shall not be paid out and shall not be carried over from year to year.

Section 5.10. Holidays. Employee shall be entitled to observe, with pay, the fourteen (14) observed City holidays including New Year’s Day, Martin Luther King Day, President’s Day, Memorial Day, Independence Day, Labor Day, Columbus Day, Veteran’s Day, Thanksgiving Day, Day after Thanksgiving, Christmas Eve, Christmas Day, one Floating Day (in lieu of Election Day), and Juneteenth. Unless otherwise specified in this Agreement, the accrual and use of holiday pay shall be administered in accordance with any applicable City personnel rules, policies and regulations and/or applicable MOU. Any unused holiday pay will not be paid out to Employee upon Employee’s separation of employment.

Section 6. Termination of Employment and Severance.

Section 6.1. Voluntary Resignation. Employee may resign at any time and agrees to give the City at least thirty (30) days advance written notice of the effective date of Employee’s resignation, unless the Parties otherwise agree in writing. If Employee retires from full-time public service with the City, Employee shall provide three (3) months advanced written notice. During the notice period, all rights and obligations of the Parties under this Agreement shall remain in full force and effect. Promptly after the effective date of resignation or retirement, the City shall pay to Employee all salary and other compensation due and owing under this Agreement. In the event of voluntary resignation or retirement, Employee shall not be entitled to Severance, as set forth in Section 6.3 of this Agreement.

Section 6.2. Termination by City Administrator. The City Administrator may terminate this Agreement and remove Employee from Employee’s position as Finance Director at any time with or without cause and with or without notice. If Employee’s termination is based on charges of misconduct that publicly stigmatizes Employee’s reputation or impairs Employee’s ability to earn a living, or might damage Employee’s standing in a community, Employee may, within five (5) ) business days of the City Administrator’s notice to Employee of their intent to terminate Employee’s employment, make a written request for a "name-clearing" hearing (as described in Lubey v. City and County of San Francisco (1979) 98 Cal.App.3d 340 at its progeny) before the City Council City of Angels Camp
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in closed session. The "name-clearing" hearing is solely to provide Employee the opportunity to clear Employee’s name.

The City Council shall use its sole discretion and its action shall be final and shall not depend upon any particular showing or degree of proof at the hearing; the purpose of which is solely to allow Employee to present Employee’s grounds of opposition to the allegations in the notice of termination. The City Council may determine whether the allegations contained in the notice of termination are supported. If the City Council determines that the allegations are not supported, a decision shall be issued to reflect that Employee's termination was without fault. This decision will not, however, require that Employee be reinstated to Employee’s position. In the event Employee does not request a "name-clearing" hearing before the City Council, the City Administrator’s decision to terminate will be effective by the close of business on the fifth (5th) day after the City Administrator provided notice to Employee of the intent to terminate Employee’s employment.

Section 6.3. Termination Without Good Cause. In the event the City terminates Employee’s employment and this Agreement without Good Cause, as defined in Section

6.4, below, the City shall pay Employee a sum equal to one (1) month’s Base Salary (“Severance”), provided that Employee executes a general release of claims in favor of the City, in a format acceptable to the City. Such Severance is subject to the restrictions of Government Code section 53260. Severance shall be paid in the same manner as to other similarly situated City employees unless otherwise agreed to by the City and Employee. In the event the City terminates this Agreement and Employee’s employment, Employee shall be entitled to continued medical and dental benefits at Employee’s own cost, pursuant to the provisions of the federal Consolidated Omnibus Budget Reconciliation Act (“COBRA”).

Section 6.4. Termination for Good Cause. The City may at any time immediately terminate this Agreement and Employee’s employment for Good Cause, as defined below.

If Employee is terminated for Good Cause, the City shall not be required to pay any Severance under this Agreement, and the City shall have no obligation to Employee beyond those benefits accrued as of Employee’s last day of employment and those the City is obligated to provide under federal or state law.
“Good Cause” for purposes of this Agreement, means a fair and honest cause or reason for termination. These reasons include, but are not limited to:

1. Conviction of a felony;

2. Disclosing confidential information of the City;

3. Gross carelessness or misconduct;

4. Unjustifiable and willful neglect of the duties described in this Agreement;
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5. Mismanagement;

6. Dishonesty;

7. Failure to perform Employee’s duties to the standard set by the City,

8. Any conduct which violates the applicable provisions of the City’s personnel policies, rules or regulations for which a City employee may be terminated;

9. Repeated and protracted unexcused absences from the Finance Director’s office and duties;

10. Willful destruction or misuse of City property;

11. Conduct that in any way has a direct, substantial, and adverse effect on the City’s reputation whether during or outside business hours;

12. Willful violation of federal, state, or City discrimination laws;

13. Reporting to work while under the influence of alcohol or any drug (whether or not Employee has a valid prescription) which impairs, or has the potential to impair, Employee in the performance of Employee’s duties;

14. Substance abuse which adversely affects performance of Employee’s duties as Finance Director;

15. Discourteous treatment of the public or other employees;

16. Refusal to take or subscribe any oath or affirmation which is required by law;

17. Employee’s disability resulting in Employee’s inability to perform the essential functions of the job, which the City is unable to reasonably accommodate without placing an undue burden on City business operations; or

18. Engaging in other employment or activities which conflict with, or present the appearance or possibility of conflicting with, City’s legitimate business interests
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The City Administrator may also place Employee on paid or unpaid investigatory leave during the Term of this Agreement.

Section 7. Indemnification. The City shall defend, hold harmless, and indemnify Employee against any tort, personnel, civil rights, or professional liability claim or demand or other legal action, whether groundless or otherwise, arising out of an alleged act or omission occurring in the performance of Employee’s duties as Finance Director in accordance with the California Government Claims Act (Government Code section 810 et seq.) and shall provide a defense to Employee in accordance with Government Code sections 995-996.6. The City may decline to defend or indemnify Employee only as permitted by the Government Code. City may compromise and settle any such claim or suit and pay the amount of any resulting settlement or judgment; provided, however, the City’s duty to defend and indemnify Employee shall be contingent upon Employee’s good faith cooperation with such defense. In the event the City provides paid leave to the Employee pending an investigation or funds for a legal criminal defense pursuant to this Section, Employee shall reimburse the City for the amount of such paid leave or cost of the legal criminal defense, if Employee is convicted of a crime involving an abuse of office or position, as provided by Government Code sections 53243-53243.1. Also, if this Agreement and Employee’s employment are terminated, any severance the Employee may have received from the City shall be fully reimbursed to the City if Employee is convicted of a crime involving an abuse of Employee’s office or position as provided in Government Code section 53243.2-53243.4.

Section 8. Bonding. City shall bear the full cost of any fidelity or other bonds required of Employee under any law or ordinance.

Section 9. Notices. Any notice or communication required hereunder between the City and Employee must be in writing and may be given either personally, by facsimile (with original forwarded by regular U.S. Mail), by registered or certified mail (return receipt requested), or by Federal Express, UPS, or other similar couriers providing overnight delivery. If personally delivered, a notice shall be deemed to have been given when delivered to the Party to whom it is addressed. If given by facsimile transmission, a notice or communication shall be deemed to have been given and received upon actual physical receipt of the entire document by the receiving Party’s facsimile machine. Notices transmitted by facsimile after 5:00 p.m. on a normal business day, or on a Saturday, Sunday or holiday shall be deemed to have been given and received on the next normal business day. If given by registered or certified mail, such notice or communication shall be deemed to have been given and received on the first to occur of (a) actual receipt by any of the addressees designated below as the Party to whom notices are to be sent, or (b) five (5) days after a registered or certified letter containing such notice, properly addressed, with postage prepaid, is deposited in the United States mail. If given by Federal Express or similar courier, a notice or communication shall be deemed to have been given and received on the date delivered, as shown on a receipt issued by the courier. Any Party hereto may at any time, by giving ten (10) days written notice to the other Party hereto, designate any other address in substitution of the address to which such notice or communication shall City of Angels Camp
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be given. Such notices or communications shall be given to the Parties at their addresses set forth below:

If to the City: City of Angels Camp
Attn: City Clerk
P.O. Box 667
200 Monte Verda Street, Ste B
Angels Camp, CA 95222
If to the City Administrator: City of Angels Camp
Attn: City Administrator
P.O. Box 667
200 Monte Verda Street, Ste B
Angels Camp, CA 95222
and White Brenner, LLP
Attn: Douglas L. White
1414 K Street, 3rd Floor
Sacramento, CA 95814
If to Employee: City of Angels Camp
Attn: Michelle Gonzalez
P.O. Box 667
200 Monte Verda Street, Ste B
Angels Camp, CA 95222
Copy sent to employee’s home address
Section 10. General Provisions.

10.1. Modification of Agreement. This Agreement may be supplemented, amended, or modified only by a writing signed by the City and Employee.

10.2. Entire Agreement. This Agreement constitutes the final, complete, and exclusive statement of the terms of the agreement between the Parties and supersedes all other prior or contemporaneous oral or written understandings and agreements of the Parties. No Party has been induced to enter into this Agreement by, nor is any Party relying on, any representation or warranty except those expressly set forth in this Agreement.

10.3. Severability of Agreement. If a court or an arbitrator of competent jurisdiction holds any section of this Agreement to be illegal, unenforceable, or invalid for any reason, the validity and enforceability of the remaining sections of this Agreement shall not be affected.

10.4. Authority. All Parties to this Agreement warrant and represent that they have the power and authority to enter into this Agreement and the names, titles, and capacities City of Angels Camp
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herein stated on behalf of any entities, persons, states, or firms represented or purported to be represented by such entities, persons, states, or firms and that all former requirements necessary or required by state or federal law in order to enter into this Agreement had been fully complied with. Further, by entering into this Agreement, neither Party hereto shall have breached the terms or conditions of any other contract or agreement to which such Party is obligated, which such breach would have a material effect hereon.

10.5. Headings. The headings in this Agreement are included for convenience only, and neither affect the construction or interpretation of any section in this Agreement nor affect any of the rights or obligations of the Parties to this Agreement.

10.6. Necessary Acts and Further Assurances. The Parties shall, at their own cost and expense, execute and deliver such further documents and instruments and shall take such other actions as may be reasonably required or appropriate to evidence or carry out the intent and purposes of this Agreement.

10.7. Governing Law. This Agreement shall be governed and construed in accordance with the laws of the State of California.

10.8. Waiver. No covenant, term, or condition, or the breach thereof, shall be deemed waived, except by written consent of the Party against whom the waiver is claimed, and any waiver of the breach of any covenant, term, or condition shall not be deemed to be a waiver of any preceding or succeeding breach of the same or any other covenant, term, or condition.

10.9. Counterparts. This Agreement may be executed in counterparts and all so executed shall constitute an agreement which shall be binding upon the Parties hereto, notwithstanding that the signatures of all Parties and Parties’ designated representatives do not appear on the same page.

10.10. Venue. Venue for all legal proceedings shall be in the Superior Court in and for the County of Calaveras in the State of California.

10.11. Attorney’s Fees and Costs. If any action at law or in equity, including action for declaratory relief, is brought to enforce or interpret sections of this Agreement, the prevailing Party shall be entitled to reasonable attorney's fees and costs, which may be set by the court in the same action or in a separate action brought for that purpose, in addition to any other relief to which such Party may be entitled.

IN WITNESS WHEREOF, this Agreement has been entered into by and between Employee and City as of the date of the Agreement set forth above.

City of Angels Camp
Finance Director Agreement

Page 11 of 11 ends

CITY:

City of Angels Camp, a municipal corporation
of the State of California
By:

Rebecca Callen, City Administrator
Date Signed:

EMPLOYEE:

By:

Michelle Gonzalez, an individual
Date Signed:

By:

Rose Beristianos, City Clerk
Date Signed:

Approved as to Form and Content:

By:

Douglas L. White, City Attorney

EXHIBIT A

CITY OF ANGELS

FINANCE DIRECTOR JOB DESCRIPTION
Class specifications are only intended to present a descriptive summary of the range of duties and responsibilities associated with specified positions. Therefore, specifications may not include all duties performed by individuals within a classification. In addition, specifications are intended to outline the minimum qualifications necessary for entry into the class and do not necessarily convey the qualifications of incumbents within the position. The City reserves the right to modify or update job descriptions in accordance with its business needs and City policies and procedures.

DEFINITION:

The Finance Director performs and/or supervises complex professional, supervisorial, administrative and technical accounting and finance functions necessary to maintain the accounting and financial records and systems of the City. Organizationally, the Finance Director reports to the City Administrator; however, with respect to accounting and necessarily related matters, the Finance Director functions independently similar to the City Attorney in a sense that both must act within the ethical and professional rules of their professions and may not be directed to act contrary to those rules. All such accounting matters are the responsibility of, and under authority of, the Finance Director.

SUPERVISION EXCERCISED:

The Finance Director exercises direct supervision over all City fiscal and accounting professionals, clerical staff personnel, and all other persons or organizations who, whether or not City staff, perform accounting functions for or on behalf of the City.

ESSENTIAL DUTIES AND RESPONSIBILITIES: (Illustrative Only) ➢ The Finance Director plans, supervises, and coordinates the City’s fiscal and accounting activities including: financial accounting and reporting; internal controls; internal auditing; management of financial software systems; payroll processing; administration of the City’s business license function; billing and collection of locally-administered taxes, fees, and utility billings. ➢ Establish selection criteria, interview, train, evaluate and supervise all City clerical, fiscal, and accounting staff.
➢ Make recommendations to City Administrator on selection, advancement discipline and discharge of clerical fiscal and accounting staff.
➢ Prepare or supervise preparation of the City’s annual financial report(s); oversee annual independent audit; and interface with independent auditor(s).
➢ Prepare or coordinate with City’s annual budget; prepare related presentations and budget documents; and provide quarterly or periodic financial updates.
➢ Develop or assist in the development of financial studies, plans, forecasts, estimates, and finance-related ordinances and resolutions. Gather, interpret, and prepare data for studies, reports, and recommendations.
➢ Serve as financial advisor to the City Council, the City administrator, and other City staff. As requested, make related presentations to City Council, committees, and commissions, and represent the City at finance-related events.
➢ Coordination of Treasury Investments decisions with the City Administrator and proposals to Council for policy changes of Investments.
➢ Any and all other duties reasonably related to the position of Finance Director which may be required or assigned from time to time by the City Council or City Administrator.

WORKING CONDITIONS:

Position requires prolonged sitting, standing, walking, reaching, twisting, turning, kneeling, bending, squatting and stooping in the performance of daily activities. The position also requires grasping, repetitive hand movement and fine coordination in preparing reports using a computer keyboard. Additionally, the position requires near and far vision in reading written reports and work-related documents. Acute hearing is required when providing phone and personal service. Duties may require lifting, pushing, or pulling materials weighing up to 10 pounds. Reasonable accommodation will be made for individuals on a case-by-case basis.

QUALIFICATIONS: (The following are minimal qualifications necessary for entry into the classification) Education and/or Experience:

Possession of a baccalaureate or higher degree in accounting or business administration with an accounting concentration (or similar field of study)
Minimum of five years’ experience in governmental finance and accounting at a high management or supervisory level. Typical duties to satisfy this qualification would have included, but not be limited to: hiring and evaluation of accounting and financial professional staff; direct supervision of other professional and/or management staff; extensive interaction with elected and high-ranking appointed public officials; overall responsibility for preparation of governmental financial reports in accordance with Generally Accepted Accounting Principles; superior verbal and writing skills.

Extensive experience in the design, evaluation, selection, installation, set-up and maintenance of computer software applications, including financial and accounting software, database, and spreadsheets.

Extensive knowledge of and experience with accounts receivable, accounts payable, purchase orders, and payroll systems and the demonstrated ability to oversee and supervise technical and clerical staff performing those duties.

License/Certificate:

Possession of, or the ability to obtain, a valid class C California driver’s license.

CPA preferred, but not required.
03-1-2022 Council Approved
City of Angels Council Meeting
May 3, 2022 REGULAR AGENDA 7.D
Discussion of Financial Review March 2022 and Approval of Budget Amendments, Rebecca Callen, City Administrator
_____________________________________________________________________

CITY HALL
CITY OF ANGELS PO Box 667, 200 Monte Verda St. Suite B, Angels Camp, CA 95222 P: (209) 736-2181 DATE: May 3, 2022
TO: City Council
FROM: Rebecca Callen, City Administrator
RE: DISCUSSION OF FINANCIAL REVIEW MARCH 2022 AND APPROVAL OF BUDGET

AMENDMENTS

RECOMMENDATION
County Administrator Financial Review and Council Discussion of Revenue and Expenditures through March 2022.

BACKGROUND
Due to the City Administrator being out ill, the March Financial Review that would have been presented on April 19 was delay to May 3, 2022.

DISCUSSION
The focus of this financial review encompasses budget units and funds under the control of the City Council. Funds held in a fiduciary capacity are not part of this review.

March marks the 9th month of the fiscal year where revenues and expenses should be roughly 75% of the budgeted amount. A review using that threshold was done for all transactions through March 31, 2022.

CITY HALL
CITY OF ANGELS PO Box 667, 200 Monte Verda St. Suite B, Angels Camp, CA 95222 P: (209) 736-2181 Overall, the City Funds (inclusive of Transfers In) revenues are at 53.69% while expenses are only 43.93% of budget.
010 - General Fund
3,349,454.00
300 - Sewer O&M
2,247,537.00
350 - Water O&M
1,303,732.00
139 - Transportation
Projects
603,337.00
Fiduciary Funds
505,848.00
Other Special
Revenue Funds
1,637,878.00

REVENUE BY FUND
010 - General Fund,
2,661,732.00
300 - Sewer O&M,
1,032,867.00 350 - Water O&M,
1,097,005.00
139 - Transportation
Projects,
1,672,869.00
Fiduciary Funds,
684,880.00
Other Special
Revenue Funds,
1,245,907.00

EXPENSES BY FUND

CITY HALL
CITY OF ANGELS PO Box 667, 200 Monte Verda St. Suite B, Angels Camp, CA 95222 P: (209) 736-2181 Notable points are as follows:

General Fund
The General Fund is where the primary operations of the City occur for Police, Fire, Administration, Finances, Building, and Planning.

Revenues $3,347,454
Expenses $2,661,732
Net $685,722
Revenues are 73.53% for the year, or 1.47% lower than anticipated for this period of the fiscal year. The major contributors to this are:
• We won’t see the other half of Motor Vehicle In-Lieu from the County until June.

Expenses are 61.25% for the year or 13.75% under budget for this period of the year. The main contributing factor is savings in overall Salaries for permanent, part time, and overtime in addition to equipment and project that have been deferred due to unavailability of inventory.

Transportation Projects
This fund includes Project funding from RSTP, CMAQ, ATP, HSIP, HIP and SB1 sources. Specifically, the Sidewalk Project has ramped up and reimbursement claims are currently being spent. The negative amount shown is merely a cashflow consideration that will be cleared upon receipt of the funding pieces.

Revenues $603,337
Expenses $1,672,869
Net $(1,069,532)
This fund includes Project funding from RSTP, CMAQ, ATP, HSIP, HIP and SB1 sources. Specifically, the Sidewalk Project has ramped up and reimbursement claims are currently being spent. The negative amount shown is merely a cashflow consideration that will be cleared upon receipt of the funding pieces.

Staff are working on getting claims submitted through CCOG.

CITY HALL
CITY OF ANGELS PO Box 667, 200 Monte Verda St. Suite B, Angels Camp, CA 95222 P: (209) 736-2181 Sewer Operations and Management
Just as the title suggests, operations and management associated with Wastewater occurs here. Overall revenues are 95.55% while expenses are 47.61%.
• Rate revenue is slightly down from the prior year actuals. However, in terms of budget, the current trend is projected to exceed budget by $150,000 overall • Salary savings and other service costs are trending lower than budgeted • The one area to watch is the chemical costs. Those are trending higher than anticipated. However, internal transfers can accommodate this.
• Utility Late Fees have not been charged this entire year • Some projects are being deferred due to late start in getting staffing hired Water Operations and Management
Just as the title suggests, operations and management associated with Water Distribution occurs here.

Overall revenues are 82.98% while expenses are 66.86%.
• Just as with wastewater rates, water rate revenue is slightly down from the prior year trends.

However, it is trending higher than budget by 2% or $30,000. • Utility Late Fees, Door Hanger Fees, and Restoration fees have not been charged this entire year. • Some projects are being deferred due to late start in getting staffing hired The other City Special Revenue funds are trending as normal.

CITY HALL
CITY OF ANGELS PO Box 667, 200 Monte Verda St. Suite B, Angels Camp, CA 95222 P: (209) 736-2181 The top departmental expenditures are from Police, which is at 63.60% of budget, GF Grant Projects which is at 43.72% of budget (Includes the Sidewalk project), and Finance and Administration which is at

73.15% of budget. It is important to note that Insurance is paid at the beginning of the year in the Finance and Administration budget.

All Departments are within the budget threshold of 75% of Expenses.

As noted above, the revenue associated with grant funded projects is awaiting receipt. As such, the General GF Grant Department is at 18.25% of budgeted revenue.

Staff were just given the budget instructions and worksheet for 2022-23 Budget Development. Meeting will occur to identify departmental goals for the year, grant opportunities, and project delivery schedules.

Budget Hearings are projected to occur on June 7, 2022 with adoption on June 21, 2022.

FINANCIAL IMPACT
None at this time

ATTACHMENTS
-
200,000
400,000
600,000
800,000
1,000,000
1,200,000
1,400,000
1,600,000
1,800,000
Building & Planning…
Calaveras Visitor…
CalFire Strike Team
CDBG Grants
City Attorney
City Engineer
City Officials
Community Support
Finance & General…
Fire Department
Gas Tax
General GF Grants
Museum
Parks
Police Department
Public Works General
Sewer Capital…Sewer Capital…
Sewer Collection…
Sewer Debt Service
Sewer O&M
State Highway Street…
Transportation…
Utica Power Authority
Water Capital…Water Capital…
Water Debt Service
Water Distribution
Water O&M
Expenses By Departments
City of Angels Council Meeting
May 3, 2022 REGULAR AGENDA 7.E
Discussion and Approval of a Standard City Logo, Rebecca Callen, City Administrator _____________________________________________________________________

RECOMMENDATION
Approve a standard City logo for letter head, website, organizational information.

BACKGROUND
The city underwent a branding that addressed how to brand the City of Angels in 2008. The branding that was chosen is great for economic outreach in terms of what the City has to offer for tourism and general advertising. The selection included a backpacking frog and Angels Camp, California in its branding usage.

DISCUSSION
The City of Angels has its City personality that works with tourism, marketing for events, and economic outreach. However, the City also has a governmental side that requires a standard and easy to read, recognize, and align with other City and County agencies. Generally, these logos are circular, include the legal name of the agency, a picture of what the entity is known for, and use on letterhead for more formal City correspondence regarding municipal business. It is not uncommon for business organizations to have one pathway of marketing and brand recognition and the municipality to have another one.

Business Cards are using the logo below.

The City Trucks are generally using the old logo with green and white, similar to the one below.

CITY HALL
CITY OF ANGELS PO Box 667, 200 Monte Verda St. Suite B, Angels Camp, CA 95222 P: (209) 736-2181 During the centennial year, the City was using the logo below:

The recommendation is to use one of the logos below going forward.

CITY HALL
CITY OF ANGELS PO Box 667, 200 Monte Verda St. Suite B, Angels Camp, CA 95222 P: (209) 736-2181

CITY HALL
CITY OF ANGELS PO Box 667, 200 Monte Verda St. Suite B, Angels Camp, CA 95222 P: (209) 736-2181 This logo is basic, inline with other municipal and county agencies, aligns with the frog theme of our City, recognizes that we are a City, shows we were established in 1912, and are in California. Staff were included in the evaluation of the recommended logo and they all really liked it. The concern of only using the City of Angels is that a Google search refers to Los Angeles while a Google search of City of Angels Camp refers to us. Not using “Camp” in the logo and correspondence can be confusing to other jurisdictions.

FINANCIAL IMPACT
It is not recommended to change business cards or vehicle marking, unless they need to be ordered for a new employee or a new vehicle/ equipment. The website would utilize the new logo, letterhead templates, and any future correspondence.

City of Angels Council Meeting
May 3, 2022 REGULAR AGENDA 7.F
Discussion Regarding the Homeless Issues in the City Limits, Rebecca Callen, City Administrator
_____________________________________________________________________

CITY HALL
CITY OF ANGELS PO Box 667, 200 Monte Verda St. Suite B, Angels Camp, CA 95222 P: (209) 736-2181 DATE: May 3, 2022
TO: City Council
FROM: Rebecca Callen, City Administrator
RE: DISCUSSION REGARDING THE HOMELESS ISSUES IN THE CITY LIMITS

RECOMMENDATION
No action at this time

BACKGROUND
The City of Angels has received several complaints regarding homeless and the impacts to public and private property.

DISCUSSION
California has more laws than any other state regarding homeless protections. They don’t address homelessness, but protect those that are homeless, for the most part. Many times, the laws in place make it worse than better for both the homeless, or unhoused, and the public. Governor Newsom signed 7 new laws in 2021 all focused on dealing with the crisis of homelessness. In the past three years, California has spent more than $2.4 billion of state and federal money on a handful of major homelessness programs, with most going to local government for things like leasing hotels and motels for housing the homeless during the pandemic.

Most of the money that is going to local government requires a plan. If there is no plan, then there will be no allocation. A UCLA study found that in 2020, there were enough homeless children to fill a Dodger Stadium five times.

The last survey from the Homeless Management Information System was done for the County, unfortunately, Calaveras County did not capture sufficient detail with regards to the determining which homeless were in the City limits versus the County. As such the number of homeless within the City limits is an estimation. We have approximately 10 with 2 being the most noticeable of the 10. The other issue is that these individuals will float between the City and the County jurisdictions regularly.

I have reached out the County several times to address questions from the public regarding how to assist with the homeless issues that are being recognized. The City provides no direct Social Services and all of

CITY HALL
CITY OF ANGELS PO Box 667, 200 Monte Verda St. Suite B, Angels Camp, CA 95222 P: (209) 736-2181 those funding grants and personnel are with the County’s Health and Human Services Agency. HHSA works with the Resource Connection, Crossworks Ministries, Sierra Hope, Catholic Charities, Stanislaus Housing Authority, the ARC of Amador and Calaveras, and Veterans Services. It is a cross collaboration among County, City, Religious, and Not-For-Profit agencies to try to tackle the issues that are prevalent with homeless, including mental health, substance abuse, and low income. Based on the last survey, there are 845 homeless individuals in Calaveras County, including the City of Angels.

Of this number, 227 are considered “Chronic Homeless”. This means they are repeatedly homeless and are often accompanied with mental illness or substance abuse. This group have been homeless for a long time, potentially years. Of the 227, nine individuals are sheltered and 218 unsheltered.

Housing inventory is nearly non-existent in the County and City to aid in a shelter for any of the homeless population and the County HHSA resources are generally spent addressing the who they can help or want help and those that are the most volatile generally fall on the Sheriff or Police Department’s radar responding to calls from the public.

Resources that City Staff and the Public can point people to:
• Housing Assistance: 209-754-6325
• Calaveras Five-Year Homeless Plan
o https://hhsa.calaverasgov.us/Portals/HHSA/Documents/Strategic%20Plan%20to%20End%20 Homelessness%20in%20Calaveras%20County%202019.pdf?ver=8XLuT9c3rw0jcZv_sTuFMA%3 d%3d
• Calaveras County Housing Policies and Best Practices
o https://hhsa.calaverasgov.us/Portals/HHSA/Documents/Calaveras%20County%20Housing%2 0Policies%20and%20Best%20Practices.pdf
Supporting Resources
San Andreas
• Laundry Services
o https://hhsa.calaverasgov.us/Portals/HHSA/Documents/Laundromat%20Services.pdf • Free Showers
o https://hhsa.calaverasgov.us/Portals/HHSA/Documents/Free%20Showers-San%20An.pdf • Free Community Meal
o https://hhsa.calaverasgov.us/Portals/HHSA/Documents/Free%20Community%20MealSan%20An.pdf

CITY HALL
CITY OF ANGELS PO Box 667, 200 Monte Verda St. Suite B, Angels Camp, CA 95222 P: (209) 736-2181 • Free Clothes Closet
o https://hhsa.calaverasgov.us/Portals/HHSA/Documents/Free%20Clothes%20ClosetSan%20An.pdf Mountain Ranch
• Free Showers
o https://hhsa.calaverasgov.us/Portals/HHSA/Documents/Mountain%20Ranch%20Showers.pdf As City Administrator, I have reached out the County CAO, to get more involved that the City has been prior. It is important that the impact and homeless population are properly counted and issues addressed going forward.

The issue of homelessness is not new to the City. However, the pandemic exasperated the issues for both the City and the County. The Five-Year plan was developed in 2019, prior to COVID. I will be asking to be added to the Homeless Task Force to ensure that the City of Angels is recognized as part of the sphere to ensure that plans and funding is including our demographic.

FINANCIAL IMPACT
None at this time. The City may be looking to apply for the Permanent Local Housing Allocation to assist funding for the County project plans.

City of Angels Council Meeting
May 3, 2022 CORRESPONDENCE 10.A
Informational Staff Report Related to Alleged Brown Act Violation at the April 5, 2022, City Council Meeting
_____________________________________________________________________

City staff recommends that the City Council review and receive the staff report related to the waiver of City of Angels Camp (“City”) fees at the April 5, 2022, City Council meeting.

BACKGROUND:

As part of the April 5, 2022, City Council meeting, the City Council considered requests from the Friends of Calaveras County Fair and the Angels Camp Business Association to waive various City fees, including fees for hanging banners, park rental, and kitchen rental. Both the Friends of Calaveras County Fair and the Angels Camp Business Association are nonprofit organizations that hold events in the City.

Councilmember Herndon serves on the Board of Directors of the Friends of the Calaveras County Fair and Councilmember Tiscornia serves on the Board of Directors of the Angels Camp Business Association. Neither Councilmember Herndon nor Councilmember Tiscornia receive compensation for their respective positions on the Board of Directors of either nonprofit organization. Councilmembers Herndon and Tiscornia both participated in the decision related to the waiver of fees for the Friends of the Calaveras County Fair and the Angles Camp Business Association at the April 5, 2022, City Council meeting.

A member of the public has alleged that the Brown Act prevents the City Councilmembers from participating in the decision regarding the fee waivers for the Friends of Calaveras County Fair and the Angels Camp Business Association because the City Councilmembers are members of the Board of Directors of the organizations making the request for the fee waivers.

DISCUSSION:

The Brown Act governs the manner in which City Council meetings are noticed and conducted, ensuring that City Council meetings are open and public.1 City Council meeting requirements under the Brown Act include those related to the posting of the agenda for City Council meetings, the opportunity for public participation in City Council meetings, and restrictions on what can and cannot be discussed during closed session agenda

1 Gov. Code, § 54953, subd. (a)(1).

CITY HALL
CITY OF ANGELS PO Box 667, 200 Monte Verda St. Suite B, Angels Camp, CA 95222 P: (209) 736-2181 Mayor Alvin Broglio • Vice Mayor Jennifer Davis-Herndon Council Members Gretel Tisconia, Caroline Schirato, Isabel Moncada • City Administrator Rebecca Callen • City Attorney Douglas L. White, White Brenner LLP items.2 The concern raised by the member of the public is not governed by the Brown Act, instead the concern raised is a potential conflict of interest. Potential conflicts of interest are evaluated under the requirements of the Political Reform Act.3
The Political Reform Act prohibits any public official from making, participating in making, or otherwise using his or her official position to influence a governmental decision in which the government official has a financial interest.4
The financial interests that may be applicable to City Councilmembers Herndon and Tiscornia’s participation in the decision to waive the City’s fees for the nonprofit organizations of which they are members of the Boards of Directors are each discussed separately below.

1. A financial interest in a business entity in which the government official has a direct or indirect investment of $2,000 or more5; or in which the official is a director, officer, partner, trustee, employee, or holds any position of management.6
The first financial interest to evaluate whether Councilmembers Herndon and Tiscornia have a conflict of interest in the decision to waive the City’s fees is any financial interests in a business entity.7 The Political Reform
Act defines a business entity as an organization operating for profit.8 Neither the Friends of the Calaveras County Fair nor the Angels Camp Business Association operate for profit. Therefore, Friends of the Calaveras County Fair and the Angels Camp Business Association are not businesses entities under the Political Reform Act.

Accordingly, the waiver of City fees for the nonprofit organizations does not directly involve an impact on the Councilmember’s financial interest in a business entity. 9 However, Councilmember Tiscornia serves on the Board of Directors of the Angels Camp Business Association because she owns and operates a business in the City. In evaluating the financial impact the decision to waive the City’s fees would have on Councilmember Tiscornia’s financial interest in her personal business, the Political Reform Act sets thresholds for the impact to become material enough to present a conflict of interest.10 A financial interest in a governmental decision that would constitute a conflict of interest only results where the decision would increase or decrease the business’s revenue in an amount equal to or greater than either one

2 Gov. Code, § 54950 et seq. 3 Gov. Code, § 87100; Cal. Code Regs., tit. 2, § 18700 et seq. 4 Gov. Code, § 87100; Cal. Code Regs., tit. 2, § 18700, subd. (a). 5 Gov. Code, § 87103, subd. (a).
6 Gov. Code, § 87103, subd. (d).
7 Cal. Code Regs., tit. 2, § 18702.1.
8 Gov. Code, § 82005.
9 See e.g. FPPC Advice Letter A-21-136 (Oct. 15 2021) available at:
https://www.fppc.ca.gov/content/dam/fppc/documents/advice-letters/2021-/2021/21136.pdf. 10 Cal. Code Regs., tit. 2, § 18702.1.

CITY HALL
CITY OF ANGELS PO Box 667, 200 Monte Verda St. Suite B, Angels Camp, CA 95222 P: (209) 736-2181 Mayor Alvin Broglio • Vice Mayor Jennifer Davis-Herndon Council Members Gretel Tisconia, Caroline Schirato, Isabel Moncada • City Administrator Rebecca Callen • City Attorney Douglas L. White, White Brenner LLP million dollars ($1,000,000) or five percent (5%) of the business’s annual gross revenue and the increase or decrease is at least ten thousand dollars ($10,000).11 Here, the waiver of fees for an event coordinated by a nonprofit business association to benefit all member businesses is unlikely to rise to the necessary levels of impact on Councilmember Tiscornia’s individual business to result in a conflict of interest. Therefore, neither Councilmember Herndon nor Councilmember Tiscornia would have a conflict of interest based on the impact to a business entity in the decision to waive the City’s fees for the nonprofit organizations.

2. A financial interest in a source of income to the government official, including promised income, which aggregates to $500 or more within 12 months prior to the decision.12 The second financial interest relevant to this potential conflict of interest analysis is related to a source of income.13 In this case, Councilmembers Herndon and Tiscornia do not receive any compensation for their service on the Boards of Directors of the nonprofit organizations. Therefore, based on the facts provided, neither of the Councilmembers has a financial interest in the nonprofit organizations as a source of income. Any impact on Councilmember Tiscornia’s personal business as her source of income would be evaluated based on the regulation discussed above for the financial interest in a business entity14 and as discussed above, that interest does not rise to the level necessary to establish a conflict of interest. Consequently, neither Councilmember Herndon nor Councilmember Tiscornia have a conflict of interest in participating in the decision to waive the City’s fees based on any financial interest in their sources of income.

3. The government official’s interest in his or her personal finances and those of immediate family members.15
The final financial interest to evaluate based on the member of the public’s concern is any impact to a government official’s personal finances from the governmental decision to waive the City fees for the nonprofit organizations.
16 There are no facts suggesting that either Councilmember Herndon’s or Councilmember Tisconia’s involvement in the decision to waive the City fees will have any financial effect on their personal finances. While there may be some speculation as to benefits Councilmember Tiscornia’s business may experience as a consequence of the Angels Camp Business Association’s activities, that impact “is not considered

11 Cal. Code Regs., tit. 2, § 18702.1, subd. (a)(2). 12 Gov. Code, § 87103, subd. (c). 13 Cal. Code Regs., tit. 2, § 18702.3. 14 Cal. Code Regs., tit. 2, § 18702.3(a)(4). 15 Gov. Code, § 87103. 16 Cal. Code Regs., tit. 2, § 18702.5.

CITY HALL
CITY OF ANGELS PO Box 667, 200 Monte Verda St. Suite B, Angels Camp, CA 95222 P: (209) 736-2181 Mayor Alvin Broglio • Vice Mayor Jennifer Davis-Herndon Council Members Gretel Tisconia, Caroline Schirato, Isabel Moncada • City Administrator Rebecca Callen • City Attorney Douglas L. White, White Brenner LLP separately,” but is instead evaluated as part of the business entity analysis discussed above.17 As established in that portion of this staff report, the impact likely does not rise to the level required to establish a conflict of interest. Therefore, there is no conflict of interest in Councilmembers Herndon and Tisconia’s participation in the decision to waive the City’s fees based on a financial interest in the Councilmember’s personal finances.

As detailed in this staff report, neither Councilmember Herndon nor Councilmember Tisconia have a conflict of interest that would prohibit them from participating in the decision to waive the City’s fees for the nonprofit organizations where they each serve as members of the Board of Directors. Therefore, the City Councilmembers did not commit a violation of the Political Reform Act nor did they commit the alleged violation of the Brown Act.

FISCAL IMPACT
There is no fiscal impact to receive the staff report other than the time and cost associated with the preparation of the report.

ENVIRONMENTAL
Receiving the informational staff report is not a “project” under the California Environmental Quality Act since it does not have the potential to cause a direct or reasonably foreseeable indirect physical change in the environment. (Pub. Resources Code, § 21065.)
OPTIONS:

1. Receive the staff report.

2. Provide additional direction to City staff.

ATTACHMENTS:

None

17 Cal. Code Regs., tit. 2, § 18702.5, subd. (c).

City of Angels Council Meeting
May 3, 2022 CORRESPONDENCE 10.B
News and Notes for the Week of April 11, 2022
_____________________________________________________________________

CITY HALL
CITY OF ANGELS PO Box 667, 200 Monte Verda St. Suite B, Angels Camp, CA 95222 P: (209) 736-2181 DATE: 4/15/22
TO: City Council
FROM: Rebecca Callen, City Administrator
RE: NEWS AND NOTES FOR THE WEEK OF 4/11/22
Administration Update
Attended the UWPA budget Committee meeting to discuss the 2022-23 proposed budget. Met with Laurie G. to discuss the Frog Jump Parade. Included Police and Public Works in the planning meeting.

Identified road closures and signage needs. Calculated staffing costs and fees for Laurie. Laurie is proposing a waiver of the parade fee and will pay the City staffing costs. Interviews for Account Technician and Finance Director positions. Currently negotiating with both. Met with Sandy Kraft to discuss copier costs and options to save money on leases and copy charges. Met with Debbie Ponte to discuss ACBA events, waiver requests, and the need for DAC to submit a report of activities that align with their contract soon. Additionally, they need to work with the City Admin and Council to propose a new contract for 2022-23 at an upcoming meeting in May. Worked with Legal to address rumors of Brown Act violations at the 4/5/22 meeting. Confirmed that 69 companies have reviewed the Building RFQ and 35 have downloaded the packet. Sent Public Health Trailer MOU to Legal for review. Followed up with Comcast on getting service at City Hall. Reviewed the Fireworks Urgency Ordinance and confirmed with Legal that it is no longer applicable. Sent OES training options to Council, DAC, and ACBA.

Police Update
Activities of Note: 4/1 Teresa attended Juvenile Justice Coordinating Council meeting in San Andreas with other county agencies. 4/1 Call of a suspicious backpack on BHHS campus. Lockdown of school was conducted with nothing found. Caller was calling from a "spoofed" phone number which came back out of another state. Joint press release pushed out. 4/5 Chief attended Coffee Talk with ACBA. Among other things AC homeless issues were discussed. 4/7 Conducted an Officer interviews with a candidate being selected to move forward to background investigation 4/8 Involved staff including ACPD and Fire conducted a debrief with BHHS principal related to the suspicious backpack call 3/30 - 4/9 ACPD Incidents 167 Calls for Service 3 misdemeanor arrests - 2 were for DUI's - 1 was for public intoxication

CITY HALL
CITY OF ANGELS PO Box 667, 200 Monte Verda St. Suite B, Angels Camp, CA 95222 P: (209) 736-2181 Public Works
Public Works continues to work on vegetation management and weed spraying. They have also been doing needed repairs to sewer maintenance equipment. They are also starting to make good progress on sewer line maintenance. Brent and Quintin have taken their distribution license exams and have passed. Public Works had 17 calls for service including 5 USA digs.

Water/Wastewater
Daily O&M of treatment plants is ongoing. Staff rebuilt the UV transmittance monitor on the UV system.

Staff also had to do repairs on a back-flow prevention device at the water plant. Staff has also been working on continuing education for license renewals, and study sessions for three of the operator’s license exams.

Building/Planning
Building: Continued with revised plan checks on two single family residents, several re-roofs, a large increase in the number of solar permits, ongoing review of the coffee bar at Wyndham and multiple inspections. Planning: Continued negotiations and resolution of banner and decorations through annual encroachment permit with Caltrans; resubmitted annual permit application, acquired individual permit and road closure for Whiskerino to "bypass" delay with the master permit. Re-contacted all banner applicants to re-submit hold harmless agreements. Identified alternate banner frame/arch for use at Utica Park to eliminate need to continue struggles with Caltrans and significantly reduce cost for banners. Awaiting engineer's cost estimate. Special events. Issued Earth Day Special Event, 90/95th Birthday special events permits. Circulated special event applications for staff review for Youth Parade (Frog Jump), Worship and Waffles, Raggio 90th Birthday party. Updated master conditions list to a fillable .pdf. Researched existing detour plans and inventoried available signage for discussions with PD, Public Works and event organizers. Note: Special Event Permits do not require a fee. At 2019(?) budget meeting when major fee revisions were processed, DAC opposed fee amount and no alternative has been established. Verified with Building alternative location for ADA bathroom at park meeting standards and located further from food service locations. To issue a work order to PW next week.

Secured cost estimate for constructing Utica ADA bathrooms, provided amended budget for Utica Park kitchen and submitted to Lori Adams/CDBG for amendment to grant allowing City to transfer DAC funds to constructing ADA bathroom(s) at Utica Park. Informed that installing a fence and concrete pad for generator at park kitchen and for ADA bathrooms triggers NEPA environmental review. City Planning is preparing that for CDBG. Received (finally) executed contract and agreement for Per Capita funding to replace Playground at Utica Park. Will commence working with Angels Camp Community Club to send

CITY HALL
CITY OF ANGELS PO Box 667, 200 Monte Verda St. Suite B, Angels Camp, CA 95222 P: (209) 736-2181 out RFPs. Planning Commission Meeting 4/14/22. Reviewed and commented on Greenhouse Gas Reduction Methods in anticipation of upcoming Survey to be released 4/25/22, Open House at 5 p.m. 5/12/22 prior to the next Planning Commission Meeting. Approved MACT Health Board Museum and Administration Building. Scheduled closed session item for May 3 City Council to discuss extending the lease for parking for the facility. Commission denied variance for carport at 195 Rocky Ridge. Applicant has contacted Planning for appeal (to City Council) costs and procedures. Sign Review Subcommittee membership formed (Commissioners Gordon, Klerk with 1st Alternate: Whittle, 2nd Alternate:

Moncada) Commission has requested that City Code related to use of golf carts on city streets be resurrected. Planning and Building are proposing a code amendment to require payment of double fees when someone builds without a permit. Request: 1. Has the purchase order been approved for the kitchen supplies for up to $4,000? It was submitted via Smartsheet March 25th... 2. Working internet and AV system at City Council chambers. Planning Commission meeting technical difficulties were not a good thing. Prior to meeting, many hours were spent attempting to make it work, relocating screen to council chambers, and testing and repairing prior to meeting. Only to have an "unstable internet" create havoc at the meeting (and unstable planner). 3. IT team with back-up folks that can respond in an "emergency". We lucked out getting someone in at the last minute on Thursday to at least get internet working sufficiently at council chambers so we could start the Zoom meeting (ended up using my cell phone dialed in to the Zoom meeting so people could talk and hear each other in the council chambers despite the "unstable" internet.

Finance Update
Working with NBS on the GHC Assessment District Bond closeout. Confirmed permitted use of CRSSA with CCOG and updated Chris O. to plan accordingly. Finished gathering fiscal information for the TDA Audit so that the City will be able to make the 2021-22 claim for LTF from CCOG. Worked on position budget information for 2022-23. Reached out to Adams Ashby on the PLHA funding (Permanent Local Housing Allocation) to identify if we can apply for the funds and what coordination we could do with the County.

City of Angels Council Meeting
May 3, 2022 CORRESPONDENCE 10.C
News and Notes for the Week of April 18, 2022
_____________________________________________________________________

CITY HALL
CITY OF ANGELS PO Box 667, 200 Monte Verda St. Suite B, Angels Camp, CA 95222 P: (209) 736-2181 DATE: 4/22/22
TO: City Council
FROM: Rebecca Callen, City Administrator
RE: NEWS AND NOTES FOR THE WEEK OF 4/18/22
Administration Update
Coordinated training for staff for using Public Purchase. Attended the CCOG TAC meeting. Stayed after to discuss CMAQ funding (Angels Trail). Won't need construction funds until 2014/25 fiscal year. SaCOG will borrow funds and City of Angels will receive them to align with construction. Met with Martin Huberty to discuss Museum. Met with UWPA to discuss their budget and reserves. Attended the Collaborator Meeting to discuss Angels Creek and Sewer Projects to include in the 2022-23 capital budget.

Police Update
146 Incidents Reported 10 Reports taken 1 misdemeanor arrest (warrant) 1 felony arrest (warrant) Arrest breakdown: (1) Misc. arrest made for four misdemeanor bench WARRANTS out of Tuolumne (1) Fel arrest made for felony bench WARRANT out of Santa Clara Stuff worth noting: • 4/15/22 – Death Investigation • 4/18/22 – Linayao and Teresa attended autopsy of deceased male (semi-suspicious circumstances) • 4/19/22- Chief attended City Council meeting and met with the Fish family Regarding concerns • 4/20/22- Chief attended Coffee Talk meeting with ACBA and Topic: homelessness • 4/20/22- Kirkman attended Job Fair at BHHS
Public Works
Public Works Staff has been tied up for most of the week with meter reading. They also have been making progress on sewer line and lift station maintenance. Staff repaired a hole in a sewer line on Booster Way, which was discovered during the maintenance work in the area. Staff also repaired toilets at the museum. Weed eating and brushing continues. Staff responded to 11 calls for service including two USA digs, 3 work orders and 6 requests for service.

Water/Wastewater

CITY HALL
CITY OF ANGELS PO Box 667, 200 Monte Verda St. Suite B, Angels Camp, CA 95222 P: (209) 736-2181 Daily and weekly O&M continues. Staff completed quarterly calibrations of all the analytical equipment in the wastewater plant this week. Staff had to do more repairs to the back-flow prevention device at the water plant this week, it looks like we will need to replace it. We were one operator down this week for a license exam preparation class. We will be down an operator next week for the same reason.

Monthly W.D.R. and Water Reports are complete. N.P.D.E.S. and Annual Volumetric Reports are due next week.

Building/Planning
Building and Planning continues to process banners (we appear to be winning our battle with Caltrans) and has four pending special events permits. Numerous Administrative Site Plan Reviews for new businesses in existing commercial spaces are pending. Numerous sign permits. Also, lots of solar permits. The Per Capita grant agreement came through this week for the Utica Park Playground.

Planning met with the Angels Camp Community Club. We have a tentative timeline of end-of-April to finalize the scope, May 2nd to release an RFP on Public Purchase. End of May to close. Early June to tentatively select. End of June for contracting/Council approval. Question: When might the letter soliciting folks to sign up on Public Purchase be available as we will have some that have been working with us off and on through the last few years for the playground? This week, Planning completed the last three code updates that were part of the city's comprehensive code update. In the coming months, the Planning Commission and City Council will be seeing rezoning for individual properties in compliance with the new code updates. Only 300+ parcels to go! Planning Commission will have a 5/12/22 Open House for Greenhouse Gas Public Outreach at 5 p.m. before its regularly scheduled meeting. Stable internet would be greatly appreciated. Planning is attending the Destination Angels Camp 4/28/22 meeting to do "business" outreach regarding the proposed Greenhouse Gas Reduction measures (which tend to emphasize city infrastructure). Commission also anticipates a site development permit in May or June for a major rehab/remodel/expansion of a building in the historic district. The Commission also has asked that the golf cart ordinance be resurrected to encourage golf cart use in those areas of the City that may accommodate that use. Budget: Planning Staff anticipates a few fee updates to bring before the Council in conjunction with budget updates (that has been the practice in the past, but we can do it separately). It would add double fees for building permits secured in response to a code violation, consider adding Special Event Permit fees back into the fee schedule (they were $30, proposed to raise to $50, but should be a minimum of $150 to actually offset staff time). Based on past experience, that will require outreach to DAC. Staffing: Alicia suggested that one staff person can handle either building or planning support, but not both. In the past, we've had one staffer. With the likelihood of Habitat for Humanity coming in... this is something we may need to consider in the upcoming budget, but we need to discuss it. Should it be available (or something the City Attorney could provide), Planning suggests considering a training session on conflict of interest for staff,

CITY HALL
CITY OF ANGELS PO Box 667, 200 Monte Verda St. Suite B, Angels Camp, CA 95222 P: (209) 736-2181 appointed and elected positions. Touchy subject, I know. But such a small town...everyone has fewer than six degrees of separation, I'd say.

Finance Update
Attended a web meeting with GovInvest for the Labor Costing module that the City licensed in 2019 but had not yet implemented. Identifying the uses and potential benefits versus costs to determine if we should continue licensing. Museum will need to have some security items included with 2022-23 budget. Met with GovInvest to discuss OPEB and Pension funding and potential for funding/modeling.

Angels Camp City CouncilMay 3, 2022

Angels Camp City Council
May 3, 2022